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-THE — 



School Law of Indiana 



AND THE 



STATE CONSTITUTION 



(AS A SUPPLEMENT) 



With Annotations 



ISSUED BY 

DAVID M. GEETING 
Superintendent of Public Instruction 



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INDIANAPOLIS 

July lo, 1895. 



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CONTENTS. 



I. 

n. 
m. 

IV. 
V. 

vi. 
vn. 



Introduction Pai 

Outline of tlie System 

Editions of the School Law 

The Present Edition 

Superintendents of Public Instruction .... 

Attorneys-General 

Explanations 



ge 



XXVI 

xxvii 

xxviii 

xxix 

xxix 

XXX 



Article VIII.— Education " 9 

THE SCHOOL LAW. 

Common Schools. 

Article I.— The Fund. . § 4325-4405 

Article II. — Administration § 4406-4464 

Article III.— Taxation § 4465-4471 

Article IV. — Enumeration . • • § 4472-4476 

Article V. — Apportionment of Revenue § 4477-4487 

Article VI.— Schools in Cities and Towns § 4488-4492 

Article VII.— Schools and School Houses § 4493-4519 

Article VIII, —Teachers' Institutes § 4520-4523 

Article IX. — Free Libraries § 4524-4533a 

Article X. — General Provisions § 4534-4541 

State Normal School „ § 4542-4560 

Indiana University § 4561-4661 

Purdue University § 4662-4677 

Tax for Indiana College • • § 4677f 

State Library §4677g-4677co 

School Books (p. 226) § 4421b-4421bbb 



L INTRODUCTIO]^. 



A HISTORY OF THE SCHOOL SYSTEM. 

Note. — This article was written in 1893, upon the request of the Board of 
World's Fair managers of Indiana. It is reproduced here with hope that it will 
he of use to those who may choose to study the history of our unique system of 
common schools. D. M. GEETINQ 

INDIANA COMMON SCHOOL SYSTEM. 

It was on the 10th of October, 1780, that the corner-stone of our Ter- 
ritorial system was laid, by the adoption of a resolution in the Conti- 
nental Congress, which declares "that all Territorial lands shall be 
disposed of for the common benefit of the United States, and shaU be 
settled and formed into distinct republican States, which shall become 
members of the Federal Union, and have the same rights of sovereignty, 
freedom and independence as the other States." 

It was this resolution that Maryland, one of the landless States, had 
been contending for before she would formally adopt the Articles of Con- 
federation, and thereby become one of the " Original Thirteen States." 

Perhaps no single act has so far exceeded the expectations of its pro- 
moters as has this act of Maryland's refusing to ratify the Articles 6f 
Confederation, which compelled the Congress to invent the Territorial 
policy, fraught with such results. 

In 1783, when a treaty of peace was entered into between the United 
■States and Great Britain the skillful diplomacy of Jay, Franklin and 
Adams gave to us the territoiy conquered through the untiring energy 
of George Rogers Clark, and the boundary of the United States was 
made the Mississippi on the west and the great lakes on the north. 

'In 1783 the Legislature of Virginia passed "an act to authorize the 
delegates of Virginia in Congress to convey to the United States, in 
Congress assembled, all the right of this Commonwealth to the territory 
northwestward of the river Ohio." This deed was signed by Thomas 
Jefierson, Samuel Hard, Arthur Lee and James Monroe, and the Con- 
tinental Congress accepted the same. It was Jefferson who had so 
earnestly supported Clark's efibrts, and who had done much to urge Vir- 
ginia in her magnanimous gift to the United States. He drafted the 
first ordinance for the government of this territory, and he might have 
succeeded in having the " ordinance of 1784" adopted had he not been 
so radical on the slavery question. 



Vi SCHOOL LAW OP INDIANA. 

In a letter to Madison he wrote : "The curse of slavery must not h& 
allowed to extend to new territory," and he proposed in the "ordinance 
of 1784" that slavery be prohibited south of the Ohio River as weE 
as north of it, and to this his own State would not accede. But 
this prepared the way for a greater ordinance, that of 1787, and as Jef- 
ferson had been sent abroad there is no evidence that he was in any way^ 
interested in its preparation or adoption. 

The Continental Congress, with hardly enough vitality left to com- 
plete its brief work, was driven into the passage of this famous piece of 
legislation, the ordinance of 1787, by a few delegates who had remained 
in session at New York, and which stands out as the most brilliant 
achievement of that remarkable body, excepting, perhaps, the Declara- 
tion of Independence. The necessity of the passage was revenue for 
the General Government, but its most memorable provisions were those 
relating to human rights ; ordaining religious freedom, offering security 
to both person and property, encouraging education, and dedication of 
the soil to freedom forever. Madison said of it that it was the exercise 
of national sovereignty without the shadow of constitutional authority. 
" Religion, morality and knowledge being necessary to good government 
and the happiness of mankind, schools and the means of education shall 
be forever encouraged." So familiar have these words become in the 
Northwest that every State that has been organized since that time felt 
under obligations to carry out this provision. The principle of reserv- 
ing one or more sections has been followed by every State since then 
(excepting West Virginia), and in some very liberal donations have- 
been made looking toward the founding of a large permanent school 
fund. It was not till 1795, when General Wayne made his famous- 
treaty with the Indians, that the lands within the boundaries of Indiana 
were open to peaceful and permanent settlement. 

In 1800 Indiana Territory was formed. In 1804 Congress passed an 
act entitled "An act making provision for the disposal of the public 
lands in three land districts, viz. : Detroit, Vincennes andKaskaskia.'* 
In 1805 the Detroit district became the Territory of Michigan ; in 180^ 
Kaskaskia became Illinois, and Indiana assumed her present size. 

The First Public School a University. 

The act of 1804, above referred to, provided for the sale of certain, 
lands ** excepting section numbered sixteen, which shall be reserved in 
each township for the support of schools within the same ; also, of an 
entire township in each of the three districts, to be located by the Sec- 
retary of the Treasury for the use of a seminary of learning." Albert 
Gallatin, then Secretary of the Treasury, located "township 2 south. 



SCHOOL LAW OF INDIANA. VU 

range 11 east," now in Gibson County, Indiana, for the use of a seminary 
of learning, as required by this act. 

The act that lies at the foundation of our common school system, and 
therefore vitally important here, is the Territorial act of the First Gen- 
eral Assembly of the Territoi-y of Indiana, held at Vincennes, entitled 
*' An act to incorporate a University in the Indiana Territory." This 
act was approved by Governor William Plenry Harrison, November 29, 
1806. 

The Legislative Council then enacted " that a University to be called 
and known as the Vincennes University ' ' should be established, and it 
elected a Board of Trustees, consisting of twenty-three members, of 
which Governor Harrison was made President. 

The act provided that the Trustees were to establish as speedily as 
possible such University and to appoint a President to govern it, and 
four professors " for the instruction of youth in Latin, French, Greek 
and English languages, mathematics, natural philosophy, logic, rhetoric, 
and the law of Nature and nations." 

It was further provided that no particular tenets of religion should be 
taught in said University, and, whenever the funds of the University 
permitted, aU students were to be educated free of charge. 

The establishment of a separate institution for the education of women 
and the raising of funds through a system of lotteries were also author- 
ized. 

Vincennes University was the first institution under the act of the 
Territorial Assembly, as it was the first institution of learning in Indi- 
ana. The seminary township reserved by Congress in 1804 was given 
to it, and it was also empowered to sell four thousand acres and to re- 
ceive bequests. 

Some time was necessary for the Board of Trustees of Vincennes 
University to make arrangement for the opening of the school, and it 
was not until 1810 that the school was ready for students. Samuel 
Scott was its first President, he having been called to that position 
unanimously, as he had made somewhat of a reputation in Vincennes 
as the principal of a private school established two years prior to that 
time. The University of Vincennes was in continuous existence till 
1825, when the Legislature converted it into a county seminary. 

The State gave it no support by taxation, and in 1822 passed an act 
which practically confiscated all the lands belonging to the Vincennes 
University. Something over 15,000 acres of land in the seminary 
"townships of Gibson and Monroe counties were sold and the proceeds 
turned into the State Treasury. In 1838 the Legislature resuscitated 
the old corporation of this University, but inserted a clause intended to 



Vlii SCHOOL LAAV OP INDIANA, 

prevent a renewal of claims taken from it in 1822. The suit of 1846' 
covered all the points at which the State and Board of Trustees were at 
variance. In 1846 the Legislature of Indiana authorized " the Trus- 
tees of Vincennes University to bring suit against the State of Indi- 
ana" to test the question of the title to lands held by the several pur- 
chasers in Gibson and Monroe counties. 

The case went to the Supreme Court of the United States, where a 
judgment favorable to the University was obtained, amounting to a 
little over $50,000. After the reorganization according to the enabling^ 
act of 1838 and the long period of litigation, the year 1853 found Vin- 
cennes University again ready to open its doors to students. 

Further Territorial Legislation. 

Another Territorial act relating to schools was passed in 1808, and 
provided that school lands might be leased for a period not to exceed 
five years, at the discretion of the county courts. The lessee was re- 
quired to put under cultivation not less than ten acres in each quarter 
section. 

In 1810 still another Territorial act was passed, in which the county 
courts were required to appoint trustees of school lands — one to each 
Congressional Township — and the lease provided for in the act of 1808' 
was modified so as to limit the amount of land that any one person 
might lease to 160 acres, and the destruction of timber was prohibited. 

When the enabling act of Congress was passed and the State Conven- 
tion held at Corydon June 10 and 29, 1816, a Constitution was adopted. 
The ninth article of it requires the General Assembly ' ' to provide by^ 
law for the improvements of such lands as are, or hereafter may be, 
granted by the TTnited States to this State for the use of schools, and to 
apply any funds which may be raised from such lands, or from any 
other quarter, to the accomplishment of the grand object to which they 
are or may be intended." 

In section 2 it is made ' ' the duty of the General Assembly to provide 
by law for a. general system of education, ascending in a regular gra- 
dation from township schools to a State University, wherein tuition shall 
be gratis and equally open to all." The money paid by persons exempt 
from military duty, except in times of war, was to go to the schools, 
and so were all fines. 

Section 5 is as follows: "The General Assembly at the time it lays 
off a new county shall cause at least 10 per cent, to be reserved out of 
the proceeds of the sale of town lots in the seat of justice of such county 
for the use of a public library for such county ; and at the same session- 



SCHOOL LAW OF INDIANA. IX 

"tliey shall incorporate a library company, under such rules and regula- 
tions as will best secure its permanence and extend its benefits. 

In 1849, when the Legislature had voted to submit the question of a 
constitutional convention to the people, a new generation had come upon 
the scene, and a new Constitution was as strongly urged by the friends 
of education as by those of commercial and political interests. Not so 
much because the constitutional provision of 1816 was at fault, but be- 
cause no school system had been perfected under it. 

On the 7th of October, 1850, the constitutional convention met, and 
February 10, 1851, the new Constitution was completed. It was ac- 
cepted by the people by a vote of three for it to one against it, and on 
November 1, 1851, it went into effect. It requires "the General As- 
sembly to ]Drovide by law for the general and uniform system of com- 
mon schools, wherein tuition shall be without charge and equally open 
to all." 

The second section of Articles 9 is as follows : " The common school 
fund shall consist of the Congressional township fund and the lands be- 
longing thereto, the surplus revenue fund, the Saline fund and the 
lands belonging thereto ; the bank tax fund, and the fund arising from 
the 114th section of the charter of the State Bank of Indiana; the fund 
to be derived from the sale of county seminaries, and the moneys and 
property heretofore held for such seminaries ; from the fines assessed 
for breaches of the penal laws of the State, and from all forfeitures 
which may accrue ; all lands and other estate which shall escheat to the 
State for want of heirs or kindred entitled to the inheritance ; all lands 
that have or may hereafter be granted to the State when no special pur- 
pose is expressed in the grant, and the proceeds of the sales thereof, in- 
cluding the proceeds of the sales of the swamp lands granted to the 
State of Indiana by the act of Congress of the 28th of September, 1850, 
after deducting the expense of selecting and draining the same ; taxes 
on the property of corporations that may be assessed by the General 
Assembly for common school j)urposes." 

The principal of the common school fund can not be diminished, and 
the income must go to the schools. 

The funds are to be properly invested, the counties are made liable for 
the moneys intrusted to them, and are responsible for the payment of the 
annual interest. Trust funds are to be preserved inviolate and devoted 
exclusively to school purposes. It is made the duty of the Legislature 
to provide for the election of a Superintendent of Public Instruction. 

The first act relating to schools was passed December 24, 1816, and 
provided ' ' For the appointment of a School Superintendent of the school 
section in each congressional township." The duty of this officer was 



X SCHOOL LAW OF INDIANA. 

to lease the lands for a term of years in order to have them improved, 
which proved an advantage to the fund when these lands were offered for 
sale. This same act also provided "that by the petition of twenty 
householders in any congressional township, there should be an election 
of three Township Trustees for school purposes." No funds were avail- 
able at this time for the use of the schools, so these Trustees could do 
very little, although the law gave them wide discretionary power. 

The legislation so far had awakened an interest that crystallized into 
a resolution passed January 9, 1821, appointing a committee of seven to 
prepare ' ' for the next session of the General Assembly a bill providing 
for a general State public school system." 

The report of this committee was not completed till 1824, when it 
took the form of a bill which was almost wholly the work of Benjamin 
Parke. 

The act was entitled ' ' An act to incorporate Congressional Town- 
ships, and providing for public schools therein." 

The three Township Trustees were continued, who had charge of school 
lands and school funds, and who were empowered to divide their town- 
ship into districts and to appoint sub-trustees ineach. They were also 
authorized to examine teachers, establishing the theory that some sort 
of a test is necessary for those desiring to teach in the public schools. 
School buildings were to be erected by the people of the district, and 
the law levied the tax for that purpose in the shape of manual labor. 

The application of this law principle, as established by the courts, 
gave us a fund now called special school revenue. 

Authority to sell the school lands was subsequently obtained from 
Congress, and in 1881 an act supplemental to the one of 1824 was en- 
acted, adding a School Commissioner to the official list of school officers 
of each county who was to act as a sort of a financial agent for the 
local school corporations. 

When a school had been opened the voters of a school district were 
to decide how much local tax,, if any, should be levied, the length of 
school term, but this provision was made absolutely ineffective by pro- 
viding "that no person shall be liable for tax who does not wish to par- 
ticipate in the benefits of the school fund." 

Further encouragement was given the cause of education by Congress 
in 1832 in removing the restrictions thrown around the grant of the salt 
lands granted to the State of Indiana in 1816, so that in 1833 the State 
Legislature proceeded to sell the same, " the proceeds of which shall be 
appropriated to the support of common schools." 

This was the first positive recognition of the principle of State re- 
sponsibility for the education of its children. 



SCHOOL LAW OF INDIANA. XI 

The law of February 2, 1833, was by far the most elaborate that had 
been enacted, containing 205 sections. The School Commissioner of 
«ach county and three trustees in each township were retained, and 
three sub-trustees in each district were required. 

The enumeration of school children was required to be taken, divid- 
ing them into three classes : (a) Those under five years of age, (b) 
those between five and fourteen years of age, (c) those from fourteen to 
twenty-one. 

The local idea prevailed largely throughout this law, as the district 
trustees might call meetings of the inhabitants for counsel, and upon 
petition of five householders they were required to do so. Whatever 
was determined upon by such meeting must be carried out by the dis- 
trict trustees. No discretionary power was allowed them. 

Since the provisions were optional, we are led to believe that the State's 
system of internal improvements of 1831-37 had so burdened the people 
that the cause of education was greatly neglected, and that the dread of 
taxation practically made the operation of the school law a nullity. 

Incompetent teachers through the so-called examinations held by the 
district trustees under this law brought reproach upon the Indiana 
schools at home and distrust abroad. But February 6, 1837, this was, 
in a measure, remedied by the enactment of another law similar in its 
main features to the one of 1838, excepting there were three examiners 
appointed by the Circuit Court, and, though this was far from what it 
should have been, it was a long step in advance, establishing the recog- 
nized principle of later years "that any movement toward bettering the 
schools must primarily regard the improvement of the teachers." It 
was in this, the examination and employment of teachers, that a school 
law first became mandatory. 

On the 7th of December, 1841, Governor Bigger, in his message to 
the General Assembly recommended the appointment of an agent to 
look into and report the condition of the school funds of the State. In 
1843 the Treasurer of State was denominated a Superintendent of Com- 
mon Schools. He was instructed to prepare a report to the General 
Assembly embodying the following points : (1) The condition and 
amount of school funds. (2) The condition of colleges. (3) The con- 
dition of county seminaries. (4) The number and condition of com- 
mon schools. (5) Expenditures of school revenues. (6) Plans for the 
management of the school funds and the better organization of the com- 
mon schools, and (7) general recommendations. 

As the members of the General Assembly were gathering at the capi- 
tal in December, 1846, there appeared in the columns of the Indiana 
State Journal of December 7, a " message " from " One of the People." 



Xii SCHOOL LAAV OF INDIANA. 

It took the dignified tone of a Governor's message, and startled all with 
brilliant rhetoric a^d attractive array of figures. Its author had come 
into the State from the East in 1833, and during all these years he had 
made a careful study of the public school problem, noting that none of 
the legislative enactments had met the expectations of the friends of 
popular education. 

So full of helpful suggestions was the paper that' Governor Whitcomb 
voiced its sentiments in his ofiicial communication. 

The author was Prof. Caleb Mills, and in this "message " and the five 
which followed he discussed the educational needs of Indiana, empha- 
sizing : (1) Want of competent teachers. (2) Need of suitable texts. 
(3) Lack of interest throughout the community. (4) Want of funds. 
And recommending: (1) General taxation for the support of the 
school. (2) Distribution of funds according to the school census. (3) 
Intelligent supervision. 

* * In May, 1 847, a public meeting of the citizens of Indianapolis was 
held, at which a committee was appointed, consisting of Ovid Butler, 
Henry Ward Beecher and John Coburn, to provide for a general con- 
vention of the State's educators and the friends of education," says 
Professor Boone in his "History of Education in Indiana." "A cir- 
cular was issued, including extracts from the recent report of the Su- 
perintendents of Common Schools, and a call for a meeting on May 26, 
1847. This was the first of a series of ' State common school conven- 
tions,' without an understanding of whose influence any study of the 
next ten years of school agitation would be only superficial. Their de- 
liberation determined legislation, educated public sentiment, conducted 
campaigns, and generally reformed the system as no individual could 
have done," continues Professor Boone. " The convention of 1847 was 
presided over by the Hon. Isaac Blackford, continued its session for 
three days and represented in its attendance of three hundred the best 
thought and the philanthropy of the State. Two committees were ap- 
pointed — one to lay before the Legislature a typical bill, the other to 
prepare an address to be published and distributed to the people. The 
committee on legislation at a convention of educators and members of 
the Assembly, held in the House of Representatives December 8, 1847, 
made, through Judge Kinney, a statement of its general provisions." 
The convention in discussing the provisions of this bill agreed upon a 
suggestion that an election should be held and a vote taken upon the 
question of free schools, to be in connection with the Presidential elec- 
tion of 1848. Instead of passing the bill recommended by the commit- 
tee on legislation, one referring the question of free schools to a vote of 
the people was enacted. 



SCHOOL LAW OF INDIANA. XUl 

A vigorous campaign was made by the friends of education, in spite 
of the many issues of a somewhat remarkable Presidential campaign, 
and the act was adopted by a large majority. 

On January 16, 1849, the fifth general school law had passed the 
General Assembly, and on the 17th the Governor's signature was at- 
tached. The forward steps taken in the law were the recognition of 
public taxation for the support of schools, making the township the unit 
for the distribution of the funds and the length of term, both of which 
are retained in our school law of to-day — the latter a phase distinctively 
Indianian, and of which we are justly proud. , 

The errors of that law are shown in section 29, making the public 
schools subordinate to private schools, and section 31, where a ratifica- 
tion of the law was necessary to make it binding upon counties. After 
the question had once been submitted to the people and by a large ma- 
jority an expression was given authorizing the General Assembly to enact 
certain laws, why that body did not have the courage to enforce such 
acts is a question that can not be fully answered, but it shows an utter 
want of courage on the part of our law-making body. 

The whole question had to be opened up, and the friends of education 
were active, aggressive, and in the end successful, but the adoption did 
not depend upon the vote of the State, but of counties, some of which 
never assented to the law of 1849, but worked under the old law. 

The difficulties that would have arisen out of such an anomaly can not 
now be approximated, but relief came soon. Two days prior to the 
passage of the educational bill, the Legislature voted to submit the 
question of a constitutional convention to the people. The constitu- 
tional, convention met, and in it were many friends of education, whose 
work has been mentioned before, and whose success is manifest in the 
Constitution which they framed. It was at this time that Professor 
Mills' sixth "message" was issued, and the only one that received offi-, 
cial recognition. Five thousand copies were ordered by the State Senate 
to be printed for distribution, thereby extending the influence of this, 
helpful agent throughout the State. 

The new Constitution having now gone into effect, a radical change 
had been made in the educational provisions. To solve the problem was 
the great difficulty with which the Legislature of 1852 had to wrestle. 
After the enactment of the law of 1852 came the interpretation of it 
by the courts as to the constitutionality of certain sections. This re- 
quired time, and for some years little, if any, advance was made along 
the line of a permanent educational policy of the State. 

The agitation of the slavery question and the Civil War still farther de- 
layed matters, but the law of 1852, remodeled in the light of the several 



Xiv SCHOOL LAW OF INDIANA. 

decisions of the courts, was embodied in the act of 1865, the last ex- 
haustive statute on the subject of education. This, as amended to date, 
with a few supplemental sections and acts, the most important of which 
are the act establishing the State Norman School (1865), and that cre- 
ating the county superintendency (1873), and the school text-book law 
(1889) constitute the school law of Indiana. 

' Indiana's Ancedry. 

A close analysis of civilization will reveal the fact that there are four 
fundamental institutions through which the development of any people 
has been made, viz. : The family, the church, society and the state. Every 
fact of history bears directly upon one or more of these, and a study of 
history is simply a study of the development of these factoi-s of civiliza- 
tion. Even in literature, where the author's ideal more nearly ap- 
proaches the truth, perhaps, we see in the "plot" simply a develop- 
ment of one or more of these same essential elements. The growth of 
the Indiana school system follows closely these same fundamentals, and 
we shall now attempt to trace them from the conception to the present 
time. In discussing any historical fact connected with any Btate we 
must begin with the two typical colonies of Revolutionary fame. 

The two leading States of the American confederation, in population 
and force of ideas, were without question the two oldest — Virginia and 
Massachusetts. Situated so far apart, and with coordinate rather than 
conflicting material interests, they came together without a serious 
thought of rivalry. Both were drained heavily for the cost of the Rev- 
olutionary War, but both remained steadfast to the American cause and 
to one another. The soil of the one State drank the blood of the Revo- 
lution, and that of the other the last. The social conditions of these 
two commonwealths were very different. 

The New England Character. 

In Massachusetts appeared the fullest type of the New Englander, or 
"Yankee," already far renowned as sharp, clever, tenacious, energetic, 
and of an encroaching disposition. Here flourished a republic founded 
on equal rights, the most successful experiment of the kind then known. 
The Legislature of Massachusetts was an aggregate of towns acting 
through town representatives. To this town system it was largely owing 
that the political machinery ran so smoothly. Town meetings, the unit 
of self-government, brought men together for a primary education in 
affairs, and the neighborly association of citizens gave a powerful im- 
pulse to public spirit. Boston was the abode of commerce and refine- 
ment. And yet the town was not so populous that the public opera- 



SCHOOL LAW OF INDIANA. XV 

tions which most concerned him might elude the keen eye of the private 
taxpayer. Wealth was not monopolized, but nearly all toiled for a liv- 
ing. Climate and soil alike favored energy of character, while each 
inhabitant found a great diversity of pursuits to choose from. Public 
schools had long flourished. Religious discipline was universally strict. 
Though family attachments were strong, aristocracy had no deep root. 
The New England character, strong in wrestling with imperfect oppor- 
tunities and disputations, became busy with the concerns of a petty ex- 
istence ; the Yankee was a narrow interpreter of writings, because he 
reverenced ink and parchment ; and saving, often niggardly in his econ- 
omies, because, with harsh soil and climate, it was not easy to make a 
living. But the New Englander had backbone, audacity, habits of in- 
dustry, and a conscientious disposition. Experience and travel would 
widen his vision ; increasing wealth foster a more generous sentiment. 
Under slight reservation Massachusetts was liberalized New England ; 
Boston was liberalized Massachusetts ; and liberalized Boston carried the 
heaviest brains in America. 

The Virginian. 

Virginia had very difierent advantages to boast of. Notwithstanding 
the liberal politics of her most enlightened sons, her institutions were at 
this time essentially aristocratic. 

This was owing partly to the circumstances under which the State had 
been colonized, partly to the enervating climate and spontaneous fertil- 
ity of the land, which tempted those who could afford it to leave work 
to others and take their ease, and partly, of course, to the long contin- 
uance of slavery as part of the agricultural and social system. Virginia 
was colonized by gentlemen, and often helpless ones at that: blood and 
pedigree always ruled in her afiairs. Tobacco was the great staple of a 
State given over to agriculture, whose great mineral resources had been 
scarcely developed, and whose manufactures and commerce were always 
insignificant. So few were the skilled mechanics in this populous State 
in the early days that a rich planter, who could make lavish display of 
costly furniture and imported plate and linen, lodged not uncommonly 
in a rickety house, with smoky chimneys, broken window panes, and 
doors which the ever-welcome guest had to claw open. There was a dash 
of chivalry, frankness and generosity about the true-blooded Virginian 
which made his leadership irresistible. And what more prolific mother 
of a nobility was there in the eighteenth century than the Old Domin- 
ion ? Here Randolphs, Masons and Lees were men of ability, men of 
progress. ^ * * The poor white of Virginia was not an interesting 



XVi SCHOOL LAW OF INDIANA. 

personage. The humbler native, leading a vagabond life and subsisting 
miserably, accepted the low estate to which he was born with little am- 
bition to improve it. If a mechanic, his skill rarely went beyond patch- 
ing a shoe or stopping a leaky roof; as a farmer, he left his corn and 
tobacco to scratch their way upward' through the ill-dressed ground, 
while he sauntered idly about with his gun. He was, however, good- 
natured, generous according to his means, and as hospitable, in a poor 
way, as the best gentleman he patterned after. He was fond of his 
State and its great men, and loyal to some one of the families who con- 
tended for the honor of pocketing the borough in which he voted. He 
liked political excitement : eloquence, of which Virginia had a copious 
supply, made his wild eyes glisten, and when his own candidate gay© a 
sharp thrust, he slapped his long shanks and showed his yellow t^eth 
from ear to ear. He, like his superiors, had a turn for dissipation and 
low sports. * * * But Virginia character had always the same bold 
lines ; its best development was invariably in the patrician rank, whose 
vices, as often happens under like conditions, the plebians copied more 
faithfully than their virtues. The Virginian was a born politician. He 
commonly received a good education ; yet wedded little to books, and 
growing up in an out-of-door atmosphere, he led not so much from force 
of scholarly attainments as from his capacity for profound convictions, 
his tact and sympathetic acquaintance with human nature. Pie did not 
domineer so offensively nor lose his temper so readily as his brethren of 
a lower latitude. To men of his calibre, some special incentive is need- 
ful to inspire heroic effort. Such was found in the effort to coerce the 
colonies into tributaries of George III. 

Cavalier and Puritan in Indiana. 

From the New England colonies, Virginia, Kentucky and the Caro- 
linas, of which Massachusetts and Virginia were typical, came the early 
settlers of Indiana. Draw a line from east to west through Indiana, the 
line touching the southern part of Marion County, and you find the set- 
tlers south of this line from Virginia and the other southern .colonies, 
and north of it from New England, each bringing with them their pecu- 
liar ideas, customs and local laws. 

In the northern part of Indiana we find those who favor a strong local 
government, and if at any time they had contemplated centralized State 
government, the conduct of the mother country during the American 
Revolution had engendered such an intense dislike for a strong central- 
ized government, that the principle of such, applied to our public school 



SCHOOL LAW OF INDIANA, XVll 

system, was entirely out of the question. A new generation had to be 
educated, liberalized and driven to see the prime necessity of a State- 
controlled system of schools before a law similar to the one of 1852 
would be countenanced. 

In the southern part of Indiana there existed the social inequality of 
the parent colonies. To place all on an equal footing before the law 
meant the breaking down of those social lines that had so long separated 
the poor from the rich ; the gentleman from his more humble white 
neighbor. Not that these people were so much opposed to education as 
to the idea of admitting all to equal privileges before the law. Here 
again was needed "a campaign of education," and in the course of 
time the first settlers had yielded the soil to those more liberal in their 
views, and who were fully persuaded that the State was responsible for 
the education of all its citizens. Under these conditions the local school 
system of the Constitution of 1816 was all that could be expected. 

Triumph of the New England Idea. 

A. fair and impartial trial of this system for forty years, where its 
weakness was easily shown, proved that good arguments were all on the 
side of a centralized system, supported by general taxation, and in which 
tuition should be free and equally open to all. Our Supreme Court un- 
derstood this when in 1857 Judge Perkins rendered his decision in the 
case of City of Lafayette v. Jenners (10 Ind. 76), when he says : "Under 
our former Constitution we had two systems of common schools, the 
general and the local (the local predominating) , and the local had broken 
down the general, and neither had flourished. This was an evil distinc- 
tively in view of the convention that framed the new Constitution, and 
it was determined that the two systems should no longer co-exist ; that 
the general system should continue, strengthened by additional aids, and 
that the counteracting local system should go out of existence — should 
cease." 

The Difficulties It Sad to Overcome. 

Thus, after the adoption of the Constitution of 1852, there was a 
strong antagonism against the new system, and the courts after long 
and many delays decided against the prevalent idea, that local systems 
were superior to the general system, as unconstitutional. The Civil 
War came, and the theory "that all men are created equal" became a 
fact — a great advance toward political equality — while the advance 
toward social equality was equally great, as shown by the general and 

2 — ScHooii Law. 



XVlll SCHOOL LAW OF INDIANA, 

very liberal school law of 1865 that was enacted, and which, with a few 
changes, is still the law whose workings have attracted the attention of 
school men and legal minds of all our new States and many of the older 
States, particularly Michigan, whose State Superintendent of Public 
Instruction has recommended the abolition of the district system and 
the adoption of the township system instead. 

No greater social problem has ever come to a people of a State for so- 
lution than that of Indiana in the perfecting of her unique common 
school system ; and no State has ever had more difficulties, inherent in 
the people, than those erroneous ideas of society, which took deep rootj 
extending even to the third and fourth generations, and which died with, 
the opposition to the school laws of 1865 and 1873. 

Legal Construction of the School Law. 

During the years 1854-65 many friends of education thought that the 
courts of Indiana were antagonistic to the common school system inau- 
gurated by the acts of 1852 under the new Constitution, but a careful 
study of these laws will show that they were general laws in appearance 
only, but local in their application, and the courts interpreted the Con- 
stitution correctly, requiring all laws to be general, and unmistaka- 
bly so. 

One erroneous idea, that the local corporations owned the school 
property, prevailed for a long time after the adoption of the new Con- 
stitution, but in November, 1882, the Supreme Court, in an opinion by 
Judge Niblack, took the contrary view. Thus we see clearly the school 
property is the property of the State, and that trustees of corporations 
are agents of the State in managing the same. Another decision of 
our Supreme Court, in an opinion written by Judge Elliott, and found 
in 102 Ind. p. 367, is one in every way worthy of exhaustive study. 
The court assumed the constitutionality of the law authorizing the com- 
mon councils of cities to levy a school tax to be applied to the payment 
of teachers. 

We see here how clearly the courts have established the fact that in 
our system of common schools the local conditions established by law 
are simply instrumentalities in the administration of the general or State 
system, and not distinct corporations. 

One more very important decision upon this line of argument must be 
referred to, viz. : that found in 122 Indiana, page 462, and relating to 
the constitutionality of the text-book law of 1889. In the argument 
before the court it was held by the attorneys attacking the law that our 
school system began as a distinct local system, and that any law which 



SCHOOL LAW OF INDIANA. XIX 

abridged the rights of local self-government was unconstitutional and 
void. 

The Supreme Court, Judge Elliot speaking in substance, said: "The 
-control of schools and school affairs is vested in the law-making power 
of the State, upon the principle that schools are intrinsically matters of 
State concern, and not of a local nature. Both by the Constitution and 
the intrinsic nature of the duty and the power, the authority is exclu- 
sively legislative, and the matter over which it is to be exercised solely 
of State concern." 

The court went to the fullest length and said: "These schools are 
owned and maintained by the State, and the State may prescribe the 
terms and conditions upon which pupils may enter them, except that it 
<3an not disregard the constitutional injunction that 'tuition shall be 
without charge, and equally open to all.' " 

These opinions clearly show that they have been written in the light 
of history, and that these Judges speak from experience when discuss- 
ing the constitutional provisions, knowing, as they do, the failure of a 
distinctively local system to become general in practice as was provided 
for by the Constitution of 1816. 

It seems clear that our courts now stand favoring a strong centralized 
system of common schools, which gives a feeling of security not before 
enjoyed by the friends of education in our State. 

The acts of 1865 and later years have so fully expressed the constitu- 
tional intent that there is little left for a place of attack by those who 
still feel opposed to the present system through this strong centralizing 
tendency. 

Important Enactments. 

In 1824, the prolific mind of Benjamin Parke saw the need of teach- 
ers who were qualified to teach in our public schools, and a law was en- 
acted then, requiring all applicants for positions in the common schools 
to pass an examination to prove their fitness for the work they desired 
to undertake. 

At that time all other school laws were merely directory, but these re- 
lating to the examination of teachers were mandatory — the first instance 
of such a school law in the great West. By means of this crude, and 
in many respects, then imperfect law, the public mind has been con- 
stantly reminded of the importance of some kind of preparation for 
teachers. 

Out of necessity has grown the county and township institutes, the 
State Normal School, the State Board of Education, the several teach- 



XX SCHOOL LAW OF INDIANA. 

ers' associations and the Teachers' Beading Circle. In the development 
of this question, State Superintendent Harvey M. LaFoUette, in his re- 
port of 1887-8 (p. 86), says: "There has been a steady and very sat- 
isfactory improvement in the technical qualifications, standard of gen- 
eral education, and in the culture and general intelligence of the com- 
mon school teachers of the State. The invaluable influence of the work 
of our State Normal School, and of the philosophical study of pedagog- 
ical science in our State University, has done much to direct the course 
of study and reading, and to determine the ideal standards of profes- 
sional culture throughout the State. The Indiana Teachers' Reading 
Circle has been a powerful influence in securing the cultivation of a gen- 
eral taste for the reading of good literature, and for the study of his- 
torical and practical educational methods, and has been of incalculable 
benefit to the school teachers of the State." The establishment of 
these several institutions had in view the betterment of the common 
schools. The State Normal School was established December 20, 1865. 
The county institutes followed March 6, 1865 ; township institutes 
March 2, 1889 ; State Board of Education, August 24, 1875 ; State 
Teachers' Association (voluntary), November, 1854; Indiana Teachers' 
Eeading Circle (voluntary), December, 1883. 

The next important enactment, and the one still in force, was the one 
of 1883, requiring the enumeration of school children, and apportion- 
ing the school revenue according to this population. When the new 
Constitution was adopted this principle of distribution had been found 
so practicable under local school governments that it was made the basis 
for the State. 

On the 6th of March, 1865, an act defining the school funds in ac- 
cordance with the decision of our Supreme Court in which it held " that 
the income from the siale of the land in section numbered sixteen shall 
be exclusively for the use of the inhabitants thereof," and naming the 
annual levy of sixteen cents on the hundred dollars valuation and fifty 
cents poll to be denominated a State school revenue and apportioned as 
other revenues are apportioned. 

This act did not give an equal amount of revenue to each school cor- 
poration of the State, owing to great inequalities in the Congressional 
Township funds held by the several counties. This was removed by the 
act of March 11, 1873. 

A peculiar application of this law is found in Vanderburg County, 
where the income of the Congressional Township fund is greater per 
capita than the per capita of the county, so the inhabitants of this Con- 
gressional Township have received none of the State' 8 common school 



SCHOOL LAW OF INDIANAo XXI 

revenues for years, but their income from their Congressional fund is 
sufficient to give them a ten months' term of school in the year, and to 
pay good salaries as well. This is the only instance of the kind in the 
State, and this is owing to the fact that the land has never been sold, 
advancing in price rapidly on account of its location. 

The State Board of Education. 

The State Board of Education, a board of professional educators, has 
been one of the most valuable agents in our educational progress. The 
board, as first constituted in 1852, consisted of State officers. In 1855 
the Attorney-General was made a member and legal adviser, but this 
board exerted no appreciable influence on educational affairs until 1865, 
when its membership was made largely professional, consisting of the 
Governor, Superintendent of Public Instruction, the Presidents of the 
State University, the State Normal School and the Superintendents of 
the largest three city schools in the State. In 1875 the President of 
Purdue University was added. The large discretionary powers given 
this board by statute make it one of the most potent agents in our edu- 
cational system. The duties of this board have been fully set forth in 
another part of this paper. The County Superintendent is required by 
law to carry out the orders and instructions of this board. 

County Management of Schools. 

In June, 1873, the present system of county management of schools 
in Indiana came into existence. It was not an accident of random lea:- 
islation, but the legitimate and natural result of circumstances — the 
proper answer to a universal and poj)ular demand. Our State had pro- 
vided liberally for the establishment and maintenance of public schools, 
so far as money alone would accomplish the result. There was in our 
statutes a general provision for a system of public schools, but the sys- 
tem, so far as one had been evolved, lacked in several particulars the 
elements and conditions necessary to growth, vigor and effectiveness. 
So the new law sought to gather up the fragments and to coordinate 
them into as many organs, giving them certain functions to perform and 
the various parts prescribed powers and duties. The county organiza- 
tion is so arranged that its utility depends upon the individual work of 
its members. The responsibility of setting in motion and rendering ef- 
fective these implements was placed in the hands of a County Superintend- 
ent. The crisis in the educational affairs of the State had been reached. 



XXll SCHOOL LAW OF INDIANA. 

Further progress would depend upon the work of this officer. The 
powers and duties conferred upon him, although not very specific, were 
not guessed at, but were based upon an experience which had witnessed 
the defects and abuses of the old order of things, and had shown the 
necessity for their elimination. Trustees had made serious mistakes in 
the building of school houses, in the purchase of apparatus and in the 
management of their finances, and must, therefore, have a helper and 
counselor ; public officers, prompted by avarice, had withheld funds due 
the public for school purposes, or had diverted them from their proper 
channel. Somebody must correct this evil and secure the sacred funds. 
An army of teachers was at work, ' costing the State two millions of dol- 
lars a year, without any one whose business it was to look after the 
progress of their work, the sanitary condition of the schools, methods 
of teaching and discipline, etc. , so that improvements of a practical na- 
ture might be made, all proving conclusively that there must be a super- 
vision of this work, or at least an inspection of the same. 

With these duties before him, the County Superintendent began work 
twenty years ago. Compare the organization and work of the County 
Boards of to-day with that of the primitive ones. Through committees 
specially qualified for the work assigned them, we have improved the 
character of our school buildings, and instead of erecting buildings 
without any conveniences, we have been rapidly supplying the places of 
the old frame and log houses with substantial brick ones, adapted in 
every respect to the needs of a school, as well as ornamental to the 
neighborhood, because of the elegant design. In the supply of furni- 
ture and apparatus great advance has been made. The absolute neces- 
sity for these auxiliaries had long been recognized, but a systematic and 
economic method of selection and purchase, and of utilizing them in the 
schools, remained for us to consummate. 

The progress in another direction has been even greater. Out of the 
statutory edict, "He shall visit the schools," has grown a system of 
supervision that has never been equaled in extent and thoroughness, and 
in beneficial results. By the Superintendent's visitations and personal 
observations of the work in progress in the school rooms, evils growing 
out of defective teaching and management have, to a great extent, been 
eliminated. In the work of organizing the unorganized schools, the 
idea of uniformity in classification had its birth. 

Under the stimulus of our system of gradation and graduation our 
schools have progressed from a mechanical, listless, careless, irregular 
manner of working, that never accomplished any definite results, to that 
prompt, energetic, business-like method of taking up a task or line of 



SCHOOL LAW OP INDIANA. XXlll 

"work, and fully completing the same : The County Superintendency 
has run the gauntlet of ten successive Legislatures successfully, through 
its strong appeal to the people as to its nature, purposes and utility, con- 
vincing them of its absolute necessity in the school administration. 



The Text-Booh Question. 

State text-books — the first experiment in the West is found in Indiana. 

In November, 1853, the State Board of Education adopted, according 

■ to law, a series of text-books for use in the common schools of the State, 

The recommendations of the State Board were for the purpose of en- 
couraging uniformity. In the records of this body (1857) we find the 
following concerning these recommendations : ' ' Time has exhibited the 
wisdom of our choice. In no State of the Union have efibrts for the 
introduction of a uniform series of text-books for schools been so suc- 
cessful as in Indiana, of which we may well feel proud." 

Local school ofiicers who had the sele(;tion of the books were only too 
glad to find some guide in making their adoptions for townships, and in 
a large per cent, of the school corporations we find the series recom- 
mended by the State Board of Education very genei-ally used in the 
State from 1853 to 1865. Text-books on the common school branches 
had so rapidly multiplied that local ofiicers felt competent to select suit- 
able books without the aid of the State Board of Education. The Leg- 
islature, in the session of 1865, relieved the Board of this responsibility, 
and placed the authority of this selection into the hands of the Town- 
ship Trustees, where it remained till 1873. At the time of the organ- 
ization of our county system the selection of text-books for the use of 
schools rested with the- County Board of Education. Cities were ex- 
empt from the provisions of this act, but incorporated towns were sub- 
ject to its provision the same as townships. This law remained in force 
sixteen years. 

Stale Text-Boohs. 

In 1889 the General Assembly believed that school books should be 
furnished more cheaply, and accordingly a maximum price was fixed for 
the fifteen books provided for. The State Board of Education was to 
act as a Board of Text-book Commissioners for the State and to contract 
with the publishers, or authors, or compilers of books, to be bought out- 



XXIV SCHOOL LAW OF INDIANA. 

right, or published by the Commission. The law encountered bitter op- 
position, but the Supreme Court held it to be both constitutional and 
mandatory. 

A full series of common school text-books has been adopted under this, 
and a contract entered into between the Indiana Board of Test-book 
Commissioners and the publishers for a period of five years from the 
date of adoption. Requisitions are made by the local school officers for 
books to the County Superintendent, who in turn makes them upon the 
Superintendent of Public Instruction, who again forwards them to the 
publishers. Reports of sales are made quarterly by the local school offi- 
cers to the County Superintendent, who again reports to the publishers. 
Patrons of the public or private schools obtain these books from their 
respective local school officers upon the payment of the following prices 
in cash : 

Spellers, 10 cents ; first readers, 10 cents; second readers, 15 cents; 
third readers, 25 cents ; fourth readers, 30 cents ; fifth readers, 40 cents ; 
complete arithmetic, 45 cents; elementary arithmetic, 35 cents; com- 
plete geography, 75 cents ; elementary geography, 20 cents ; complete 
English grammar, 40 cents ; elementary English grammar, 25 cents ; 
complete physiology, 60 cents ; elementary physiology, 30 cents ; history 
of the United States, 65 cents ; copy-book, 5 cents each. 

Present Tendencies. 

The tendency of our present school system is worthy of careful study. 
Looking at the school laws of Indiana, reenforced by the rules and reg- 
ulations of County Boards of Education, and School Boards of cities 
and incorporated towns, which our Supreme Court has decided may be 
enforced, we see a remarkably strong centralized system with the power 
of the State behind it. That the system is strong there is not the least 
doubt. But is it directed toward the development of the individual in 
the largest possible way, or is the individual repressed and made second- 
ary to the State ? We admit that either may be chosen, but which shall 
be ? Rosenkrantz says that education is the means by which man seeks 
to realize in man his possibilities — to develop the possibilities of the race 
in the individual. Again, he says that education is the emancipation of 
the youth. It is not possible for the pupil to be emancipated from him- 
self or realize his possibilities as long as he is '' hedged in" by a fixed 
course of study and other rules and regulations. A course of study is 
absolutely imperative where classification is desired, but do we not too 
often encourage and require a slavish following of the letter of the 



SCHOOL LAW OF INDIANA. XXV 

printed page rather than the development of child-mind through the 
intelligent individual study as the teacher sees his material before him ? 

Suppose one can enforce a course of study by the authority of law, is 
the teacher encouraged to cultivate the individual presentation of his 
subject, or is he led to imagine the class before him as a single thing be- 
fore him, with but one thing to accomplish — the getting of facts ? Facts 
have their place in education, but they are not sufficient in themselves. 
The possibility of raising the standard of instruction, at present, lies 
chiefly with the teacher, but he must be guided by intelligent supervis- 
ion ; or, to state it differently, he should be encouraged by the superin- 
tendent to be himself in the presentation of his subject matter to his^ 
pupils, and hold the pupils to the work in such a way as to make each 
one feel through such effort a strength that he has acquired by the 
proper exercise of his own faculties. We grant there is much room, on 
the teacher's part, for improvement; but shall we encourage him most 
by requiring a comparison with the course of study as laid down in the 
manual each day, or allow him enough variation to throw him upon his 
own ingenuity, looking only at the results ? The measure of each man 
should be. Have I done what I ought ? rather than sbme prescribed 
task. We believe that, while there is much in the administration of 
school systems that falls short of what we would have it, yet we have a 
large army of faithful, conscientious teachers and suj)erintendents striv- 
ing to impress upon the minds of their fellows the fact that whatever 
will make a man a better man will make him a better teacher. 

With our State series of text-books, which is mandatory, and a desire 
to adhere closely to the course of study prepared by a committee of 
county superintendents for the entire State, unless we have a high grade 
of professional teachers and wise and judicious supervision, we must drift 
into methods somewhat narrow, because so closely restricted, rather than, 
those more liberal and progressive. 

The public standards of morality and virtue, of industry and patriot- 
ism, have been elevated through the influence of the common schools, 
and through the unselfish devotion of an army of teachers do we expect 
to see the word Hoosier, so long a synonym for verdancy and a low state 
of civilization, stand for all that which is best in good citizenship. 



XXVI SCHOOL LAW OF INDIANA. 



II. OCJTLmE OF THE SYSTEM. 

1. A State Superintendent of Public Instruction. Elected by the 
people for two years — §4406. Charged with the administration of the 
system, the general superintendence of school affairs, the management 
of the funds, and revenues, and the interpretation of the school law ; 
makes reports to the Governor and the General Assembly, apportions 
revenue among the counties, publishes and distributes the school laws, 
compiles school statistics, and visits all the counties. — §4408 — 4417, 4482. 

2. A State Board of Education. An ex-officio body of professional 
educators. — §4420. Examines applicants for Life State certificates, pre- 
scribes examinations for professional eight-year State licenses, and takes 
cognizance of questions not otherwise provided for. — §4421, 4422, 4425. 
As Board of School Book Commissioners adopts text-books for the State, 
and as a State Library Board, supervises State Library. 

3. County Superintendents. One for each county, elected by the 
Township Trustees for two years. — §4424. Examine and license teachers, 
and direct and superintend their work, hold county institutes, compile 
educational and financial statistics, and report them to the Superintendent 
of Public Instruction, and carry out directions of the Superintendent of 
Public Instruction and the State Board.— §4425 — 4431, 4521. 

4. School Trustees. One for each township, elected by the people 
for four years. — §4438 and 5991, R. S. 1881. Three for each town or 
city, appointed by the Town Board or City Council for three years. — 
§4439. Charged with the ownership and management of school prop- 
erty, levy local taxes, employ teachers, cause township institutes to be 
held, make reports to County Superintendents and Commissioners, and 
constitute a County Board of Education.— §4436, 4441-4444, 4520. 

5. School Directors. Elected by the patrons in each school district 
for one year. — §4498. Preside at school meetings, are the media of com- 
munication between the people and the Trustee, and, under direction of 
the Trustee, have the care of the school houses, make small repairs and 
provide fuel. They may exclude refractory pupils, subject to appeal to 
the Trustee.— §4503— 4506. 

6. School Commissioners. One for each district, elected by the 
voters thereof, in cities of 30,000 or more inhabitants, manage school 
affairs in such cities. — §4457-4464. 

7. General Institutions. State Normal School. — 4542-4560; Indi- 
ana University. — 4561-4661 ; Purdue University. — 4662-4677. 

8. Special Institutions. Institute for the Education of the Deaf and 
Dumb ; Institute for the Education of the Blind ; State Reform School 
for Boys. 



SCHOOL LAW OF INDIANA. XXVil 



III. EDITIONS OF THE SCHOOL LAW. 

The act of 1837, relating to public schools, was published "by 
authority" in the year of its passage. The act of 1852 provided for 
the election of a Superintendent of Public Instruction, in compliance 
with the new Constitution, and made it his duty to publish and distribute 
as many copies of the School Law as he should deem the public good ta 
require. In obedience to that requirement, annotated editions were 
published by successive Superintendents, as follows : By Larrabee in 
1853, by Mills in 1855, by Larrabee in 1858, by Fletcher in 1861, by 
Hoss in 1865 and 1867, by Hobbs in 1869, by Hopkins in 1873, by 
Smart in 1877, by Holcombe in 1883, by Vories in 1891 and 1894, and 
by Geeting, 1895. 



XXVlll SCHOOL LAW OF INDIANAo 



IV. THE PRESENT EDITION. 

In this edition an effort has been made to present a thorough and 
complete exposition of the administration of a highly developed educa- 
tional code — a code embodying a school system which, for its efficiency 
and thorough organization and its advanced position as to State super- 
vision and control, is generally recognized as a model State system. 

This edition is also intended to be representative of the Department of 
Public Instruction, preserving decisions of the Superintendents as far as 
they are found applicable to the present law, and crediting each opinion 
to its author whenever he can be determined with any degree of cer- 
tainty. 

On points of administration the Statutes of many other States are 
similar to ours, except that in our State many matters are made final 
with school officers, while in many other States they are adjudicated by 
the courts. Hence, for the guidance of school officers on points that our 
courts have not adjudicated, numerous extracts from Supreme Courts of 
other States are inserted where applicable. 

All applicable decisions fi-om our own Supreme and Appellate Courts 
are inserted. 

The subjoined list of State Superintendents and Attorneys-General 
will enable the reader to fix approximately the dates of decisions : 



SCHOOL LAW OF INDIANA 



XXIX 



V. STATE SUPERINTEI^DENTS OF PUBLIC 
INSTRUCTION. 



Wm. C. Larrabee. Nov. 

Caleb Mills Feb. 

Wm. C. Larrabee " 

Samuel L. Eugg . " 

Miles J. Fletcher " 

Samuel K. Hoshour ..„....., May 

Samuel L. Rugg Nov. 

George W. Hoss = ......«.. Mar. 

Barnabas C. Hobbs Oct. 

Barnabas C. Hobbs Mar. 

Milton B. Hopkins . . « Mar. 

Alexander C. Hopkins Aug. 

James H. Smart Mar, 

John M. Bloss 

John W. Holcombe 

Harvey M. LaFollette. 

Hervey D. Vories 

David M. Geeting 



'52 to 
'55 to 
'57 to 
'59 to 
'61 to 
'62 to 
'62 to 
'Qd to 
'68 to 
'69 to 
'71 to 
'74 to 
'75 to 
'81 to 
'83 to 
'87 to 
'91 to 
'95 to 



Feb. '55 

" '57 

" '59 

" '61 

May '62 

Nov. '62 

Mar. '65 

Oct. '68 

Mar. '69 

" '71 

Aug. ' 74 

Mar. '75 

" '81 

" '83 

" '87 

" '91 

" '85 



YI. ATTORNEYS-GENERAL. 



James Morrison. . . , 


. 1855-57 


Clarence A. Buskirk 


. 1874-78 


Joseph E. McDonald 


. 1857-59 


Thomas W. Woolen 


. 1878-80 


James G. Jones . . 


. 1859-60 


Daniel P. Baldwin . 


. 1880-82 


John P. Usher . . . 


. 1860-62 


Francis T. Hord . . 


. 1882-86 


Oscar B. Hord . . . 


. 1862-64 


Louis T. Michener . 


. 1886-90 


Delano E. Williamson 


. 1864-70 


Alonzo G. Smith . . 


. 1890-94 


BaylesB W. Hanna . 


. 1870-72 


Wm. A. Ketcham 


. 1894- 


James C. Denny „ . 


. . 1872-74 







XXX " ' SCHOOL LAW OF INDIANA. 



VII. EXPLAE^ATIONS. 

The Board of Revision of the Laws, created by the act of March 28, 
1879, codified the laws relating to common schools, the State Normal 
School, Indiana University and Purdue University, and published them 
as Chapters 52, 53, 54 and 55 of the Revised Statutes of 1881. The 
numbering and arrangement of sections made by the Board of Revision 
are preserved, and the numbers in the original acts are placed at the end. 
of each section. In cross-references the letters R. S. and figures 1881 
are placed after the number when the section designated belongs to a 
part of the Revised Statutes not included in the school law. A care- 
fully prepared index may be found at the end of the volume. 

July 10, 1895. 



CONSTITUTIONAL PROVISIONS. 



ARTICLE Vlir— EDUCATION. 

[In force November 1, 1861.] 

182. Common Schools. Knowledge and learning generally dif- 
fused throughout a community being essential to the preservation of a 
free government, it shall be the duty of the General Assembly to 
encourage, by all suitable means, moral, intellectual, scientific and agri- 
cultural improvement, and to provide by law for a general and uniform 
system of common schools, wherein tuition shall be without charge and 
equally open to all. 

1. Schools a State Institution. Under our former Constitution we had had 
two systems of common schools, the general and local, and the local had broken 
down the general system and neither had flourished. This was an evil distinctly 
in the view of the convention which framed the new Constitution, and it was 
determined that the two systems should no longer co-exist ; that the one general 
system should continue, strengthened by additional aids, and that the counter- 
acting local system should go out of existence. * "■•■ Common schools, as a 
whole, are made a State institution — a system co-extensive with the State, em- 
bracing within it every citizen, every foot of territory, and all the taxable 
property of the State. — City of Lafayette v. Jenners, 10 Ind. 76 and 77; 5 Ind. 557. 

2. General. Our common school system must be general, that is, it must 
extend over and embrace every portion of the State. — Corey v. Carter, 48 Ind. 358. 

3. Uniform. It must be uniform. This will be secured when all the schools 
of the same grade have the same system of government and discipline, the same 
branches of learning taught, and the same qualifications for admission. — Id. 359. 

4. Classification. The schools must be equally open to all. But the 
Legislature may classify the pupils to be admitted, with reference to age, sex, 
advancement and branches of study to be pursued, and may designate to what 
schools and what school houses the different ages, sexes and degrees of pro- 
ficiency shall be assigned. — Id. 360. 

5. Colored Pupils. To require the white and colored children to be taught 
separately, provision being made for their education in the same branches, accord- 
ing to age, capacity or advancement, with capable teachers, does not amount to 
a denial of equal privileges to either, or conflict with the open character of the 
system required by the Constitution. — Id. 362, §4496. 



10 SCHOOL LAW OP INDIANA. 

6. This section does not require the Legislature to levy all school taxes nor 
prohibit it from providing by general law for the levying of school taxes by 
the local school authorities. — 102 Ind. 307. 

7. Legislative Power. The Legislature is given full power under this 
section to provide for a general and uniform system of common schools, and such 
power necessarily resides in it, although it is not given by the Constitution. It 
may prescribe the course of study and the system of instruction that shall be pur- 
sued and adopted, as well as the books which shall be used. 122 Ind. 462. 

183. Common School Fund, The Common School Fund shall. 
consist of the Congressional Township Fund and the lands belonging 
thereto ; 

The Surplus Revenue Fund ; 

The Saline Fund, and the lands belonging thereto ; 

The Bank Tax Fund, and the fund arising from the one hundred and: 
fourteenth section of the Charter of the State Bank of "Indiana; 

The fund to be derived from the sale of county seminaries, and thfr 
moneys and property heretofore held for such seminaries ; for the fines 
assessed for breaches of the penal laws of the State, and from all for- 
feitures which may accrue ; 

All lands and other estate which shall escheat to the State for want 
of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the State- 
when no special purpose is expressed in the grant, and the proceeds of 
the sales thereof, including the proceeds of the sales of the swamp lands^ 
granted to the State of Indiana by the act of Congress, of the twenty- 
eighth day of September, one thousand eight hundred and fifty, after 
deductiug the expense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed by the. 
General Assembly for common school purposes. 

1. Consolidation Void. In so far as this section attempts to consolidate 
the Congressional Township Fund with other funds, it is inoperative. The pro- 
visions of the School Law of 1852, which were designed in pursuance of this- 
section to effect such consolidation, are in contravention of the subsequent section 
7, and of the congressional grant to the townships. State v. Springfield Tp., 6 Ind. 
83 ; Davis v. Indiana, 94 U. S. 792. 

2. Sale of Seminaries Void. The provisions authorizing the sale of 
County Seminaries is void, impairing the obligation of contracts. Edwards v. 
Jagers, 19 Ind. 407. Compare Heaston v. The Board, 20 Ind. 398. 

3. Penalties. The fact that a penalty under section 6339, for making a 
false tax-list, is to be paid into the county treasury, for the use of the county, does; 
not bring the statute into conflict with this section of the Constitution, as such 
penalty is not a fine in the sense of the word as there used, 108 Ind. 132. So the 
statute turning over certain fines assessed for immorality to the Home for Friendless, 
Women is valid, sec. 6243 ; 50 Ind. 215. 

4. Escheated Eeal Estate — Estray. Under this section it is "the fund' 



SCHOOL LAW OF INDIANA. 11 

to be derived from the sale of escheated real estate," and not such real estate 
itself, which becomes a part of the common school fund, 63 Ind. 33. So money 
arising from the sale of estrays and property taken adrift belongs to the school fund 
by force of the act of 1844, p. 86, and E. S. 1881, §235; 92 Ind. 353, sec. 4325a. 
5. See sec. 4325 and notes. 

184. Principal, a perpetual fund. The principal of the Common 
School Fund shall remain a perpetual fund, which may be increased, 
but shall never be diminished ; and the income thereof shall be inviolably- 
appropriated to the support of common schools and to no other purpose 
whatever. 

1. This "fund must be devoted to the support of the common schools, with- 
out the diversion from it of a penny for any other purpose whatever," 120 Ind. 
282. 

2. The money due the School Fund can not, by any legislative contrivance, 
be kept out of it, nor can any legislative scheme be framed that will preclude the 
courts from ascertaining the facts. No official statement can conclude the proper 
authorities and erect a barrier between them and the way to a recovery of money 
which the Constitution imperatively ordains shall inviolably and without diminu- 
tion be preserved for school purposes. A statute making the statement of the 
County Auditors as to the amount of school funds held in trust by their respective 
counties, when approved by the Superintendent of Public Instruction, "conclusive 
evidence of the facts therein contained," is unconstitutional, 120 Ind. 282. 

185. Investment and distribution. The General Assembly shall 
invest, in some safe and profitable manner, all such portions of the 
Common School Fund as have not heretofore been entrusted to the sev- 
eral counties, and shall make provision, by law, for the distribution 
among the several counties of the interest thereof. 

1 1. — The word "invest" is construed as broad enough to cover loans made 
by counties, and that the fund may be entrusted to them for that purpose, but it 
does not restrict to that mode of investment. — 37 Ind. 122. 

' 186. Reinvestment. If any county shall fail to demand its pro- 
portion of such interest, for Common School purposes, the same shall 
be reinvested for the benefit of such county. ' 

187. Counties— Liability . The several coun ties shall be held liable 
for the preservation of so much of said fund as may be entrusted to 
them, and for the payment of the annual interest thereon. 

1. Eents. a county is liable for rents derived from unsold congressional 
township land. — Davis u The Board, 44 Ind. 38. ', 

2. Action. An action may be sustained in the name of the State on the re- 
lation of the Board of County Commissioners to recover rent received by a Town- 
ship Trustee for the lease of unsold school lands belonging to the sixteenth 
section, and not paid by such Trustee into the county treasury. — 44 Ind. 38, 94 U. 
^ (4 Otto) 792. 

3. Money fob the Kent of Unsold School Lands. Money derived from 

3 — School Law. 



12 SCHOOL LAW OF INDIANA. 

the rents of unsold school lands belonging to the sixteenth section is to be paid 
into the county treasury, to insure its just and equitable distribution to the in- 
habitants of the congressional township in which such section lies. — 44 Ind. 38. 

4. Policy of the Law. It is the policy of the law that all school funds 
[revenues] are to be distributed to the beneficiaries thereof through and from the 
county treasury to the proper officers of the various school corporations — cities, 
towns and civil townships, 44 Ind. 38. 

5. See sec. 4326 and notes. 

188. Trust Fmids inyiolate. All trust funds held by the State 
shall remain inviolate, and be faithfully and exclusively applied to the 
purposes for which the trust was created. 

1. Expense of Management. The Constitution requires the counties to 
bear the expense of managing the School Fund, 103 Ind. 497 ; 65 Ind. 176 ; 90 Ind. 
359; 116 Ind. 329. 

. 2. DiBECT Tbtjst— Statute of Limitation Inopeeative. The county, in 
receiving and disbursing the School Fund, acts as the trustee of a direct trust, and 
against such trust the defense of the statute of limitations can not be interposed, 
103 Ind. 497; 106 Ind. 270. 

3. Action Against County. An action will lie against a county for money 
paid out of School Fund to its officers for managing such fund, 103 Ind. 497. 

4. Settlement Between Commissioners and County Officer does not 
Conclude the State. A settlement between the Board of Commissioners and a 
County Auditor or other county officer does not conclude the State from maintain- 
ing an action to recover school funds unlawfully paid to an officer by the board, 
103 Ind. 497; 106 Ind. 270; 116 Ind. 329, 531. 

5. Duty of Commissioners — Fees — Counsel — Interest. It is the duty of 
the Board of Commissioners to prosecute an action against a Township Trustee 
who refuses to account for the income of land belonging to the Congressional 
Township Fund, and in the discharge of that duty it is proper for the Board to 
employ attorneys and pay reasonable fees for their services out of the proper 
funds ; but such fees can not be paid out of the moneys recovered in such proceed- 
ings, as such moneys, under the compact between the United States and the State 
of Indiana, and under Section 3 of Article 8 of the State Constitution, are in- 
violably appropriated to the inhabitants of the proper township for the use of the 
common schools, and for any deduction made therefrom for attorneys' fees or 
otherwise the county is liable, under Sections 6 and 7 of the article cited, with 
interest from the date of diversion. Attorney's fees should be paid out of the 
general county fund, 116 Ind. 329. 

6. The Grant was a Contract. The grant, by Congress, of the sixteenth 
section to the inhabitants of the Congressional townships, respectively, was a con- 
tract executed and incapable of revocation by the legislature, 6 Ind. 83 ; 7 Ind. 
570, 636; 22 How. 56 ; but the School Law of 1855 was held valid, 7 Ind. 570, 630. 

189. Superintendent of Public Instruction. The General 
Assembly shall provide for the election, by the voters of the State, of a 
State Superintendent of Public Instruction, who shall hold his office for 
two years, and whose duties and compensation shall be prescribed by 
law. 

1. See sec. 4406 and notes. 



THE SCHOOL LAW. 



ARTICLE I— THE FUND. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4325. What constitutes. The funds heretofore known and desig- 
nated as the Surplus Revenue Fund, all funds heretofore appropriated to 
common schools, the Saline Fund, the Bank-Tax Fund, the fund which 
has been derived or may be derived from the sale of county seminaries 
and the property belonging thereto, the moneys and properties heretofore 
held for such seminaries, all fines assessed for breaches of the penal laws 
of the State, all forfeitures which may accrue, all lands and other estate 
which shall escheat to the State for want of heirs or kindred entitled to 
the inheritance thereof, all lands which have been granted, or may be 
granted hereafter, to the State, when no special object is expressed in 
the grant, the proceeds of the sales of the swamp lands granted to the 
State of Indiana by the act of C!!ongress of September, 1850, the taxes 
which may be assessed from time to time upon the property of corpora- 
tions for common school purposes, and the fund arising from the one 
hundred and fourteenth section of the charter of the State Bank of 
Indiana, shall be denominated the "Common School Fund." The 
fund derived from the sale of Congressional township school lands, and 
the unsold Congressional township school lands, at the reasonable value 
thereof, shall be denominated the "Congressional Township School 
Fund," and shall never be diminished in amount, the income of which, 
together with the taxes mentioned and specified in the first section of 
this act [§4465], the money and income derived from licenses for the 
sale of intoxicating liquors, and unclaimed fees, as provided by law, 
shall be denominated the "School Revenue for Tuition," the whole of 
which is hereby appropriated, and shall be applied exclusively to fur- 
nishing tuition to the common schools of the State, without any deduc- 
tion for the expense of collection or disbursement. (2) 

1. Two Distinct Funds. This section, in conformity with the decisions cited 
under Const. 183, provides that there shall be two distinct funds, the "Common 



14 SCHOOL LAW OF INDIANA. 

School Fund" and the "Congressional Township School Fund," which must be kept 
apart and managed separately (§4327). Under the former title are consolidated 
all the funds named in the Constitution, except the Congressional Township Fund, 
and in addition thereto "all funds heretofore appropriated to eommon schools," 
referring to all moneys arising from the sale of estray animals, and property taken 
up adrift, which were, by an act approved January 15, 1844, transferred to the 
Common School Fund of the county to be ratably apportioned among the several 
school districts thereof. Neither of these funds shall ever be diminished, for the 
term Common School Fund in the Constitution includes both. — 7 Ind. App. 71. 

2. Eevenues. Of the "School Revenue for Tuition" the interest on the 
Common School Fund, the proceeds of the State tax, and the unclaimed fees are 
paid into the State treasury and apportioned to the counties by the Superintend- 
ent of Public Instruction semi-annually on the basis of school population. — §4477- 
4482. The revenues derived from the Congressional Township Fund and from 
county liquor licenses are distributed by the county auditors to the townships and 
counties to which they respectively belong. — §4486 E. S. 1881, and §5316 ; State v. 
Forkner, 70 Ind. 241. 

3. Fees of Opeicers. No deduction shall be made from the school reve- 
nues for expense of collection or disbursement, but the county auditors shall re- 
ceive from the general funds of the counties the amount of one per cent, on the 
permanent school funds held in trust by their several counties, as compensation 
for the management of them.— K. S. 1881, §5909; Hanlon v. The Board, 53 
Ind. 123. 

4. Illegal Dedtjctions Eecover ABLE — Statute of Limitations. By the 
school law of 1855, and also of 1865, still in force (R. S. 1881, §4325), the income 
of the Common School Fund and the taxes levied and collected for tuition are re- 
quired to be applied exclusively to furnishing tuition in the common schools of the 
State. Provision is made for payment out of the county fund of the fees of offi- 
cers for collecting, managing and dispensing the tuition fund. (R. S. 1881, §5909, 
5927, 5928.) From the constitutional and statutory provisions it is manifest that, 
with reference to common school funds, the State and county act simply as trust- 
ees for the benefit of the school children of the State. The county can not re- 
pudiate' or disavow its trust, and where it misappropriates common school funds, 
no failure of the proper officers to bring suit for any length of time after notice of 
the misappropriation can be set up by way of limitation to the action to the pre- 
judice of the beneficiaries of the trust. — State v. St. Joseph Co., 90 Ind. 359; 
Board of Com. v. State, 103 Ind. 497. Board of Com. v. State, 106 Ind. 270; 
Board of Com. v. State, 106 Ind. 53. 

5. EsTRAYS. Under the first clause of the schedule annexed to the Consti- 
tution of 1851, the act of January 15, 1844 (p. 86 of act of 1844), entitled "An 
act converting the moneys arising from the sale of estrays and property taken up 
adrift into the Common School Fund, not being inconsistent with the Constitution 
and not having expired or been repealed, has remained and is in force ; " and 
under its provisions and those of §4325, all moneys arising from the sale of estray 
animals and property taken up adrift, "so soon as the same shall have vested ab- 
Bolutely in any county, " become a part of the Common School Fund of the State. — 
Board v. State, 92 Ind. 353. See sec. 4325a. 

6. Eecovery of Deductions. The statute of limitations of 1852 does not 
bar a recovery against a county for misappropriation of funds donated by the 



SCHOOL LAW OP INDIANA. 15 

'Constitution and laws exclusively to tuition in the common schools; and the ap- 
propriation of any part of it to the payment of officers' fees for collecting or man- 
aging the funds is wholly unauthorized, and a violation of a trust which is not in 
the power of a county to deny. — State v. Board of Commissioners, 90 Ind. 359; 
Board of Commissioners v. State, 103 Ind. 497; Vanarsdall v. State, 65 Ind. 
176, 184. 

7. Fines. A fine for contempt is as much a part of the School Fund as any 
other fine.— Alexander v. State, 9 Ind. 337; Swift v. State, 63 Ind. 81. 

8. Escheat. The provisions of the Constitution with reference to escheats 
are not self-executing; and money paid into the State Treasury for want of heirs 
under §2411 to §2415, E. S. 1881, does not escheat. — Michener, Atty.-Gen.; State 
V. Meyer, 63 Ind. 33. [See §4325a and notes.] 

9. Belongs to inhabitants. The school law does not conflict with the 
act of Congress, granting the sixteenth section in the several congressional town-, 
ships in the State to the inhabitants of such townships for the use of schools. — 
•Quick V. Springfield Township, 7 Ind. 636; State v. Springfield Township, 
6 Ind. 83; Quick v. Whitewater Township, 7 Ind. 570; Daggett v. Bonewitz, 
107 Ind. 276. 

10. Liquor license fees. Liquor license fees belong to the county, there 
to be wholly expended for tuition purposes, and not to the permanent Common 
School Fund of the State.— E. S. 1881, §5316; State v. Forkner, 70 Ind. 241. 

11. Mandate. Mandate lies to compel the proper application of the funds. 
—State V. Cooprider, 96 Ind. 279. 

12. State not liable to county. The State is not liable to a County 
Treasurer for the collection of the revenue belonging to the School Fund. — 
Michener, Atty.-Oen. 

13. Property found on dead bodies. The proceeds of effects found by 
the Coroner on the bodies of dead pei'sons do not belong to the Common School 
Fund, but go to the support of the common schools of the county, and an action 
to compel its proper application can not be prosecuted on the relation of the 
Attorney-General. — State v. Board of Commissioners, 85 Ind. 489. 

14. Lotteries. Lotteries in aid of schools, and gift exhibitions are illegal. 
Whitney v. State, 10 Ind. 404. 

15. Tax penalty. The provision of the tax law (E. S. 1881, §6339), 
inflicting a penalty for a false tax list, and turning the penalty into the County 
Treasury for the use of the county, instead of for the School Fund, is consti- 
tutional.— Burgh V. State, 108 Ind. 132. 

16. Sale of escheated and other lands and transfer of proceeds to Permanent 
School Fund by Auditor of State. [See Acts 1889, p. 309, §9.] An act of 1883 
authorized the County Commissioners to sell escheat lands. [See Acts 1883, p. 79.] 

17. The Auditor of State loans the funds known as the College Fund and 
the Endowment Fund. Vories, Sup't. 

18. See sections 183 and 188 and notes. 

[1844, p. 86. Approved and in force January 15, 1844.] 

4425a. Estrays and property adrift. 1. All moneys arising 
from the sale of estray animals and property taken up adrift, so soon as 
the same shall have vested absolutely in any county, shall be by the 
iproper officers transferred to the Common School Fund of the county, 



16 SCHOOL LAW OF INDIANA. 

and shall be ratably apportioned amongst tbe several school district© 
[corporations] thereof. 

1. The above section is in force, 90 Ind. 353. 

2. The Attorney-General is the proper relator to wage such suits on behalf 
of the state, 67 Ind. 148 ; 92 Ind. 353. 

3. See note 8, under sec. 4325. 

4326. Counties liable. The several counties of this State shall be held 
liable for the preservation of so much of said fund as is intrusted or may have 
been intrusted to them, and for the payment of the annual interest thereon, at the 
rate established by law, the payment of which interest shall be full and complete 
every year, and shall so appear in the Auditor's report to the Superintendent of 
Public Instruction ; and the Said Superintendent shall, at any time, when he dis- 
covers, from the report or otherwise, that there is a deficit in the amount col- 
lected, for want of prompt collection, or otherwise, direct the attention of the 
Board of County Commissioners and the County Auditor to the fact, and said 
Board of Commissioners are hereby authorized and required to provide for such 
deficit in their respective counties. (3) 

1. Interest. This section is designed to carry out the requirements of the- 
Constitution (§187). The interest on the school funds is at the rate of six per 
cent.— §4367. 

2. Deficits made xjp. The Board of County Commissioners is required to- 
make up losses to both the principal and interest of the funds, at their June meet- 
ing (§4399), by authorizing the Auditor to draw a warrant for the amount of the 
deficit upon the general fund of the county in favor of the particular school fund 
found deficient, and upon failure of the board so to act they become liable to an- 
action in the name of the State upon the relation of the Superintendent of Public- 
Instruction, who may notify the proper prosecuting attorney to bring such action. 

3. Attoeney-General as relator. When suit is brought by the State tc 
recover any part of its common school fund, the Attorney-General is a proper 
officer to bring such suit, and is a proper relator therein. — Board v. State, 92. 
Ind. 353 ; 5 Ind. App. 220. 

4. Attorney's fees. A county may, and it is its duty, to employ an attor- 
ney to protect the school fund ; but it can not pay him out of that fund ; it must 
pay him out of the genera] county fund. — Board of Com. v. State, 116 Ind. 329. 

5. County liable. The school fund is intrusted to the county, and it is 
charged with the amount it receives; if loss occurs the countj' has to make that 
loss good ; and if the money is not loaned the county is chargeable with the inter- 
est thereon, and must pay it; when this is done the obligation of the county has 
been fully met. It never was the intention of the framers of the Constitution that 
the school fund should be enhanced at the expense of the county, but simply that 
the fund should be preserved intact, and the interest annually paid. — Board of 
Com. V. State, 122 Ind. 333 ; 7 Ind. App. 71 ; 5 Ind. App. 220. 

6. Diversion of funds. If money, instead of being added to the perma- 
nent school fund of the county, has been applied to other purposes for the benefit 
of the county, it is a virtual conversion of the money to the use of the county, and 
the Attorney-General may file an account before the Board of County Commis- 
sioners, demanding that it be receipted back into the county treasury. State v. 
Board, 5 Ind. App. 220. 

7. Mandamus. Mandamus is not the proper remedy to recover funds due 
from the county to the school fund. State ■;;. Board, 5 Ind. App. 220. 

4327. Account of Fund. The County Auditors of the several 

counties of this State shall, immediately upon the taking effect of this; 



SCHOOL LAW OF INDIANA. 17 

■act, open an account upon their books with each of the^ congressional 
townships of their respective counties whose funds are managed by 
them, and transfer to such account, from the Common School Fund ac- 
count, the principal of the Congressional Township Fund, as it existed 
l)efore its consolidation with the Common School Fund, and shall there- 
after keep a separate account of the principal and interest of the Con- 
gressional Township Fund of each township. (151) 

1. Separation of Funds. This section requires the separation of the Con- 
gressional Township Fund from the Common School Fund, with which it had 
been consolidated by the school law of 1852, in accordance with the Constitution 
(§183). But the courts have held that the proceeds of the sale of the school sections 
could not be diverted from the use of the inhabitants of the congressional town- 
ships, to whom they had been granted by the United States. — State v. Springfield 
Tp., 6 Ind. 83; same, 22 How. U. S. 56; Quick v. Whitewater Tp., 7 Ind. 570; 
Quick V. Springfield Tp., id. 636. 

2. Peoceeds or Lands. When the school sections have been sold the pro- 
ceeds of the sale are managed by the County Auditor, and the interest thereon 
distributed by him through the county treasury to the proper School Trustees. — 
Davis V. State, 44 Ind. 38; afiirmed, 94 (4 Otto) U. S. 792. 

3. See section 187 and notes. 

[1873, p. 79. Approved and in force March 7, 1873.] 

4328. Custody of lands— Keport ol income. The custody and 
care of all lands belonging to the Congressional Township Fund shall 
be with the Trustee of the civil township in which the same shall be sit- 
uated ; who shall report, annually, to the Auditor, by the fourth Monday 
in March, the annual income derived therefrom, to the township. And 
the report shall embrace a fully itemized statement of his rent account of 
such lands ; to whom and for what amount the same was rented to each 
tenant ; aud whether the rents have been collected or not ; and if any 
portion has not been collected, he should state fully the reasons why the 
same has not been collected. Any Trustee who has heretofore failed 
and neglected to so report shall embrace in his first report such itemized 
statement and showing for each preceding year not so reported, whether 
by himself or his predecessors ; and the amount of School Funds for 
any year, to vphich such township might otherwise be entitled, shall be 
withheld, and not paid over to such Trustee, if the rental value of such 
lands for such terms shall equal or exceed the township's otherwise por- 
tion of the School Fund ; and it shall be the duty of such Trustee 
to pay into the county treasury all rents collected and reported by him 
as aforesaid. (44) 

1. Eents Distributed. The rents of school lands shall be paid into the 
-county treasury, to be distributed by the Auditor together with, and in the same 
^manner as,, the interest on the Congressional Township Fund. And a Township 



18 SCHOOL LAW OF INDIANA. 

Trustee who fails to pay the rents into the county treasury, as therein required, is,, 
with his county, liable on his bond for the amount, with ten per cent, damages, 
in a suit in the name of the State on relation ©f the Board of Commissioners. — 
Davis V. State, 44 Ind. 38 ; 94 U. S. (4 Otto) 792. 

2. Must be Paid vs Full. The Trustee can not withhold a balance of 
rent on hand at the date of settlement, to be expended in repairs during the en- 
suing year. — Bushirk, Att'y-Gen. 

3. Judicial Notice. Courts will not take judicial notice what lands were 
substituted for the sixteenth section, when that section has been sold and other 
lands substituted for it. It must be shown that such substituted lands were, 
actually selected by the Secretary of the Treasury, as required by the statute of 
the United States.— Peck v. L., N. A. & C. K. K. Co., 101 Ind. 766; Daggett v. 
Bonewitz, 107 Ind. 276. 

4. See sections 187, 188 and notes. 

5. The Equalization of Eevenue among the civil townships by taking 
into consideration the congressional township revenue is constitutional. — 7 Ind. 
570; 10 Ind. 72; 9 Ind. 175; 17 Ind. 344; 14 Ind. 200; 22 U. S. 56. 

6. See section 4486 and notes. 

7. School Lands not Subject to Assessment foe, Drains. The con- 
gressional township lands in this State are not subject to assessments in aid of 
construction of public ditches or drains. — 126 Ind. 261; same case, 26 N. E. 
Kep. 156. 

8. Where Lands vfere Selected by the Secretary of the Treas- 
ury FOR School Purposes, under act of Congress of May 20, 1826, the 
title vested in the inhabitants of that congressional township, and a cause of 
action to recover the possession of the lands from one holding them adversely ac- 
crued at that time. The fact that the claimant entered iuto possession of the land 
while the title was in the U. S. did not prevent his holding from becoming ad- 
verse to the township so soon as the title vested in it. — 29 Ind. 70. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4329. Leasing lauds. He shall have power, when directed so to 
do by a vote, or by the written direction of a majority of the voters of 
the congressional township to which the same belongs, to lease such 
lands for any term not exceeding seven years, reserving rents, payable 
in money, property, or improvements upon the land, as may be di- 
rected by a majority of such voters. (45) 

1. Voters. The voters here intended are such persons as are entitled to 
vote at general and township elections, as defined in the Constitution (E. S. 1881, 
§84). As the law does not provide how such vote shall be taken, a petition is the 
better mode of procedure. If signed by a majority of the voters of the township 
the Trustee is bound to comply with it. See 27 N. E. Eep. 439. Same case, 1 
Ind. App. 34. 

2. Power of Township Trustee. A Township Trustee has no power ta^ 
lease the lands belonging to a congressional township, unless the voters of such., 



SCHOOL LAW OF INDIANA. 19 

-township direct their leasing ; and a tenant taking a lease without such directions 
laving been given, does so at his peril. — 1 Ind. App. 34; same case, 27 N. E. 
Eep. 439. 

3. Authority to Incur Debts. No authority is given township Trust- 
ees to incur debts in improving school lands. — 1 Ind. App. 34; same case, 27 N. 
E. Eep. 439. 

4. Contract — Condition Precedents. Wherever the authority of a 
Trustee to bind his corporation by contract depends upon precedent conditions, 
one who seeks to establish rights under such contract must show affirmatively that 
all of the antecedent requirements were strictly complied with.— 1 Ind. App. 34; 
Same case, 27 N. E. Eep. 439. 

4330. Divided school section. When the sixteenth section, or 
the section which may be granted in lieu thereof, shall be divided by a 
county or civil township line, or where the substituted section lies in 
any other county in the State, the voters of the congressional township 
to which the same belongs shall designate, by vote or by the written di- 
rection of a majority, the Trustee of one of the civil townships in- 
cluding a part of said section, to have the care and custody of said 
section, and to carry out the directions of the voters of the township in 
relation thereto ; and the Trustee so designated shall have the same 
powers and perform the same duties as if the entire section was situated 
within the limits of the civil township, and receive from the County 
Treasurer \h.e revenue derived from funds accrued from said sale. (46) 

1. See section 4329 and notes. 

4331. Boundaries of townships. The County Commissioners of 
each county are required to conform the boundary of their civil town- 
ships to those of congressional townships, so far as it it practicable to 
do so. (148) 

1. The County Commissioners have full power to determine the boundaries 
of civil townships.— E. S. 1881, §5987. 



[1877 S., p. 66. Approved and in force March 12, 1877.] 

4332. School township, when county lines divide. Where 
county lines divide a congressional township, the proper officer in the 
county in which the congressional school lands are situated, or would be 
situated if unsold, shall control such lands and the funds arising there- 
from, as in this act is provided. (1) 

1. These six sections (4332-4337) provide for the transfer from one county 
to another of the principal of the fund belonging to congressional townships di- 
vided by county lines, so that the share of each part of such township may be 
•controlled and managed by the Auditor of the county in which such part lies. 
This transfer of the fund is intended to put an end to the system by which an 



20 SCHOOL LAW OF INDIANA. 

Auditor of one county is obliged semi-annually to apportion congressional town- 
ship revenue between the parts of townships lying in his own and other counties, 
as provided for by §4432 and 4480, and which proved very unsatisfactory in its 
working. — Holcombe, Supt. 

4333. Auditor's statement as to children. When the enumer- 
ation is made of children, under the school laws, the Auditor of each 
county shall furnish to the Auditor of the other a statement showing- 
the number of children in each congressional township ; and to enable 
him to do this correctly, the person or officer making the enumeration 
shall correctly state the number of children in the congressional town- 
ship so divided by county lines. (2) 

1. See §4472. 

4334. Auditor's duty. The Auditor of the county having con- 
trol of the fund shall open an account with the other county as to each 
congressional township, and credit said other county with all money on 
hand, all securities for lands sold, and, if any lands be unsold, with the 
proceeds when sold ; and, .from time to time, as money comes in, shall 
credit such county with such money — that is to say, shall divide such 
money fro rata on the basis of such enumeration, and enter the credit ; 
and shall pay over such money, be it little or much, to the Treasurer of 
such other county, file his receipt with the Auditor, and take a quietus ; 
and so continue until the whole portion due such other county is paid 
over. Such payments shall be made quarterly, to correspond with the 
fiscal year. (3) 

1. Kecommendation. It is recommended that no payments be made be- 
tween May 1 and July 1, thus allowing the Auditors of counties to receive all re- 
mittances in time to include them in the June reports of the Auditors and Com- 
missioners to the Superintendent of Public Instruction. — Holcombe, Superintendent. 

2. In Ware v. State, 74 Ind. 181, it was held that a loan made by the Au- 
ditor of a county to himself was void, but this was so modified in State v. Levi, 9& 
Ind. 77, as to make the mortgage valid or invalid at the option of those having a 
supervisory control over such fund. Such mortgage remains a subsisting security 
for the loan against the mortgagor or his residue, for value, and without notice, 
notwithstanding the reimbursement of the School Fund out of the county reve- 
nues. (State V. Greene, 101 Ind. 532.) Such mortgage bears the same rate of in- 
terest after foreclosure as before maturity. (Stockwell v. State, 101 Ind. 1.) But 
the rate of interest would be modified by the act approved February 17, 1893. 
Seep. 41, Acts 1893. 

3. A County Auditor can not lawfully both lend and borrow from the School 
Fund, and loans so made and mortgages so executed are without authority of 
law.— State v. Greene, 101 Ind. 532. 

4335. Account and distribution. Such Auditor to the county 
controlling such lands and fund shall also open an account with such 
lands and with the township in his own county divided by county linC;. 



SCHOOL LAW OF INDIANA. 21 

and shall debit and credit sucli accounts as he receives money or secur- 
ities from sales or collections from lands forfeited and re-sold, and all 
-expenses in full and regular order of entry and accounting, so he can 
tell, at any time, the condition of the lands, funds and securities. He 
shall collect in, as fast as possible, all moneys outstanding, make proper 
distribution as per enumeration, and credit the proper account in said 
<;ounty, and continue to pay over to the other county, as above pro- 
vided, until each county has its proper proportion of said funds. (4) 

4336. Duties of the other Auditor. The Auditor of such other 
county shall open an account with the proper township in his county, 
and credit such fund as fast as received ; and, when in sufficient amount, 
.shall loan the same as now required by law. Both Auditors shall make 
a statement of the condition of the fund annually, at the end of the 
proper fiscal year, and file one copy with the Superintendent of Public 
Instruction, lay one before the County Commissioners (which latter shall 
be spread upon their record), and both shall be sworn to by the Au- 
ditor. (5) 

4337. Account — Re-adjustment. The process contemplated by 
this act shall continue so long as any lands remain unsold, or any secur- 
ities are uncollected, and until each county shall have become possessed 
of its proper share of such fund in money, when the accounts here re- 
quired to be kept shall be closed and reported as aforesaid : Provided, 
That in the year 1890, and every two years thereafter, there shall be a 
re-adjustment of said fund belonging to such congressional township, 
upon the basis of the number of children enumerated in each part of 
such congressional township, as hereinbefore provided ; and the Auditor 
having a surplus of such fund, according to such basis, shall pay to the 
Treasurer of the county interested the amount of money due said 
county upon the per capita basis then existing. For the services here 
provided for, the Auditor shall be allowed the same fees for records, 
certificates and other labor, as is allowed by law for other similar ser- 
vices. (6) 

1. The Auditor's fees must be paid out of the General Fund of the county. — 
14325, Note 3. 

[1867, p. 3. Approved and in force March 6, 1865.] 

4338. Power of Trustee. The proper Trustee shall have all the 
rights and powers of a landlord, in his official name, in coercing fulfill- 
ment of contracts relating to such lands, and preventing waste or dam- 
cige, or for the recovery of the same when committed. (47) 

4339. Sale of school lands. At any time when five voters of 
any congressional township shall, by petition to the Trustee having 



22 SCHOOL LAW OF INDIANA. 

charge of the school lands belonging to such township, set forth their 
desire for the sale of all or any part or the school land, the Trustee 
shall give public notice, in five public places in such township, of the 
time and place in such township when and where balloting will be had 
to determine whether the lands shall be sold as petitioned for or not ; 
which notice shall be given at least twenty days before the time specified 
therein. (48) 

1. Voters. The voters here referred to are such as are entitled to vote at 
general and township elections, by the Constitution (K.. S. 1881, §84). See §4366. 

2. When Petition Necessaky. A petition is only necessary where land 
is sold the first time, and is not necessary where it is sold to recover the purchase- 
money. — McPheters v. Wright, 110 Ind. 519. 

3. Public Ditch. Congressional Township land can not be assessed for the 
construction of a public ditch. — 126 Ind. 261. 

4340. Proceedings to sell. A copy of such petition shall be en- 
tered on the book containing the record of the proceedings of such 
Trustee ; and his action thereon shall, also, be recorded. (49) 

4341. Ballots. If a voter favor the sale of such lands, he shall 
write on his ballot the word "sale;" if he opposes the sale, he shall 
write the words "No sale." (50) 

4342. Results of election. No sale shall be allowed unless a ma- 
jority of all the votes cast at such election shall be in favor of such 
sale ; nor unless the number of votes constituting such majority shall 
exceed fifteen. (51) 

4343. Certificate of vote. The Trustee shall attend at the time 
and place specified, and shall make out a certificate showing the num- 
ber of votes given for and against the sale ; which shall be signed by 
him and filed in his ofiice ; and he shall enter the same upon his record- 
book. (52) 

4344. ■ Trustee's duty. Said Trustee, if satisfied that a majority 
of all, and more than fifteen, voters have voted for such sale, shall enter 
the same on his record-book, and proceed — 

First. To divide the lands, so voted to be sold, into such lots as will 
secure the best price. 

Second. To afiix a minimum price to each lot, not less than one dollar 
and twenty-five cents per acre, below which it shall not be sold. 

Third. To certify such division and appraisement to the proper 
County Auditor, together with a copy of all his proceedings in relation 
to the sale of said lands. (53) 

1. Ee-sale of Land. Land having been sold at the minimum price, and 
forfeited to the township by failure of purchaser to make deferred payments, vesta^ 



SCHOOL LAW OF INDIANA. • 23 

absolutely in the township, and a re-sale of it must be governed by all the require- 
ments of this section. — Woollen, Atty-Qen. 

2. But any excess above the amount owing under the first appraisement and 
Bale shall be paid to the first purchaser or his representatives — §4347. 

3. When school land which was sold in 1847, and for non-payment of taxes 
on the purchase-money was again sold in 1883, four weeks' notice of the latter sale 
was sufficient under the law then in force, and no petition from the voters of the 
township was necessary, such petition being required only when the land is first 
ofiiered for sale. — McPheters v. Wright, 110 Ind. 519. 

4. See section 4351 and notes. 

4345. Order and conduct of sale — Fee. Such certificate and re- 
turn shall, by such Auditor, be laid before the Board of County Com- 
missioners, at their first meeting thereafter ; and said Board, if satisfied 
that the requirements of the law have been substantially complied with, 
shall direct such lands to be sold ; which sale shall be conducted as 
follows : 

First. It shall be made by the Auditor and Treasurer. 

Second. Four weeks' notice of Ifhe same shall be given, by posting 
notices thereof in three public places of the township where the land is 
situated, and at the court-house door, and by publication in a newspaper 
printed in said county, if any — otherwise, in a newspaper of any county 
in the State situated nearest thereto. The sale shall be made by the 
Auditor, at public auction, at the door of the court-house of the county 
in which the land is situated, and the Treasurer shall take an account 
thereof; and each of said ofiicers, for making such sale, shall receive a 
fee of one dollar, to be paid by the purchaser. (54) 

1. Board must act. If the law has been complied with the Board may be 
compelled by writ of mandate to order the sale. The order may be made at a 
special session. The land can not be sold below the appraised value, of which 
the purchaser must take notice. 

2. Public sale. The sale must be made at the door of the court-house of 
the proper county, at public auction. A private sale is illegal. — McPheters v. 
Wright, 110 Ind. 519. 

3. See section 4351 and notes. 

[1875, p. 134. Approved and in force March 9, 1875.] 

4346. Terms of sale — Timtoer. One-fourth of the purchase- 
money shall be paid in hand and the interest for the residue for one 
year in advance, and the residue in ten years from such sale, with like 
interest annually in advance ; and deferred payments shall be regarded 
as a part of the congressional township school fund, and reported as such 
by the Auditor to the Superintendent of Public Instruction : Provided, 
That when one-fourth part or more of the value of the lands so sold, at 
the time of such sale, shall consist of the timber growing thereon, the 



24 SCHOOL LAW OF INDIANA. 

terms of sale in such case may be as follows, viz. : At least one-half of 
the purchase-money cash in hand, and interest for the residue for one 
year in advance, and the residue in annual payments in not exceeding 
ten years from such sale, with like interest annually in advance ; and 
in such case the terms of sale shall be set forth in the notice provided 
for in the preceding section : And provided further, That whenever the 
purchaser of any such land shall be proceeding to cut or remove, or 
threaten to cut or remove, from such lands, so sold, timber growing or 
being thereon, to such an extent that the land, after the cutting or re- 
moval of such timber, shall not be equal in value to the amount of pur- 
chase-money, with interest then remaining unpaid, it shall be the duty of 
the Trustee of the civil township in which such land is situated (and he 
is hereby authorized and empowered) to commence and maintain an 
action, in the name of such township, in the Circuit Court of the 
county, to restrain and enjoin the further cutting or removal of such 
timber. (55) 

1. Interest— Cash saxes. Interest on deferred payments must be at the 
rate of six per cent. — §4369. But sales may be made for cash. — §4359. Not so in 
case of lands forfeited to the school fund. — §4393, Note 1. 

2. Injunction. It is the duty of the Prosecuting Attorney to bring the suit 
of injunction, at the instance of the Trustee. — Baldwin Atty-Oen. 

3. County liable for interest. The county is chargeable with interest 
on the entire amount of the price of the land, and the default of a purchaser of 
the land in paying deferred installments, and its consequent forfeiture of the 
land to the school fund, does not relieve the county of liability for interest on the 
iull amount. — Board of Commissioners v. State, 120 Ind. 442. 

4. Eate of interest. For rates of interest, see section 4369. 

[1865, p. 3. Approved and in force March 6, 1865.] 

1347. Forfeiture — Re-sale. On failure to pay such annual 
interest when it becomes due, the contract shall become forfeited, and the 
land shall immediately revert to the township ; and the Auditor and 
Treasurer shall proceed, forthwith, again to sell the same, in like manner 
and on the terms above specified. If, on such second sale, such land 
shall produce more than sufficient to pay the sum owing therefor, with 
interest and costs ^nd five per cent, damages, the residue shall, when 
collected, be paid over to the purchaser or his legal representative. 
(56) 

1. See sections 4344 and 4394. 

2. Damages. The damages mentioned here and in §4390 and §4392 belong 
to the fund from which the loan was made. — Baldwin, Atty-Gen, 

3. Overplus. A purchaser who forfeits his land by a failure to pay the 
annual interest on the unpaid purchase-money, is not entitled to any overplus 
which may result on a subsequent sale of the land by the State. — Michener, Atty-Gen. 



SCHOOL LAW OF INDIANA. 25 

4. Effect of Fokfeituee — Sn.RPi<rs. A forfeiture under this section does 
not divert the title of the purchaser to the real estate, but simply authorizes the 
State to sell the real estate for its own reimbursement, the surplus going to the 
purchaser. — McPheters v. Wright, 124 Ind. 560. 

5. Redemption. A purchaser of school lands having made default in the 
payment of interest on the purchase, the lands were resold. By the law in force 
at the time of the purchase, a defaulting purchaser had a right to redeem within 
one year after the sale ; by that in force at the time of the sale, and at the time 
of the default, a delinquent purchaser could redeem at any time before the sale, 
but not after. It was decided that the right to redeem was governed by the latter 
law. — Moore v. Seaton, 31 Ind. 11. 

'4348. Forfeiture, liow prevented. At any time before the sale, 
payment of the interest due and all costs, together vs'ith two per centum 
damages on the principal sum and interest due and owing for said land, 
shall prevent such sale, and revive the original contract. (57) 

4349. Forfeiture— Liability for waste. In case of such for- 
feiture, the original purchaser may be sued for waste or unnecessary in- 
jury done to such land. (58) 

4350. Suit for waste. Such suit shall be prosecuted by the Aud-^ 
itor, in the name of the State, for the use of the proper congressional 
township. (59) 

4351. Private sale. When any land offered for sale at public 
auction shall remain unsold, the County Auditor may dispose of the 
same at private sale for the best price that can be had therefor, not be- 
ing less than the minimum price affixed thereto. (60) 

, 1. When sale authorized. This section authorizes a private sale only 
where the land has been offered for sale at public auction and remains unsold. — 
McPheters v. Wright, 110 Ind. 519. 

2. For "the minimum price," see section 4344. 

4352. Ee-appraiseraent. After the expiration of the term of four 
years after any appraisement and offer for sale of any lands in this State 
belonging to any township for school purposes, and such lands remain 
unsold, it shall be lawful to re-appraise, sell and dispose of said lands in 
the same manner that they would have been had such lands not been 
previously offered for sale : Provided, however, That such appraised 
value shall not be below the minimum price now fixed by law. (61) 

[1883, p. 75. Approved and in force March 3, 1883.J 

4352a. Advertisement of Funds. Whenever, in any county of 
the State of Indiana, the school fund, or any part of the school fund, ap- 
portioned to such county to be loaned out, remains unloaned, it shall be 
the duty of the Auditor of said county to advertise, in the months of 
January, April, July and October, for three consecutive weeks, in a 



26 SCHOOL LAW OF INDIANA. 

weekly newspaper published in said county, that such amount of school 
fund remains unloaned, and that applicants for loans can secure the 
same by applying at his office and fulfilling the requirements of the law 
under which he is authorized to loan out the school fund. (1) 

[1883, p. 79. Approved and in force March 3, 1883.] 

4352b. Re-appraisement of Forfeited Lands. All lands which 
have become forfeited and have reverted, or may hereafter he for- 
feited and revert to the various townships in the several counties of 
this State, for failure to pay the interest or principal of the amount due 
thereon to the school fund, and which have remained or hereafter re- 
main unsold for the period of three years, by reason of the amount due 
thereon being in excess of the values of said lands, may be re-appraised 
and sold for a sum not less than said re-appraised value thereof; and 
such re-appraisement and sale to be made in the same manner and upon 
the same terms and conditions as is now prescribed by law for the ap- 
praisement and sale of such lands. (1) 

1. For metliod of appraisement, see section 4393. 

2. The above section provides for the re-sale of lands forfeited and reverted 
to the State by reason of non-payment of interest or principal due thereon ; while 
section 4352 provides for the re-offering and sale of lands which have previously 
been offered for sale, but which were not sold. 

3. For forfeiture and re-sale of congressional lands, see sections 4347 and 
4348. 

4. For forfeiture and re-sale of lands mortgaged to secure either the congres- 
sional or common school funds, see sections 4383 and 4393. 

5. Under the above statute, a re-appraisememt and sale may be made at the 
expiration of three years, if the first offer should fail. 

4352c. Appropriation hj Commissioners. Upon the sale of 
such lands as provided for in the preceding section of this act, the Board 
of County Commissioners of the several counties in which said lands are 
situated may make an appropriation, from the general county funds, 
a sum equal to the difference between the amount for which said lands 
shall have been forfeited and the amount for which such lands shall have 
last sold ; said sum appropriated to be placed to the credit of the proper 
fun^ and loaned as other school funds are loaned. (2) 

1. As the county is liable for all deficits in the funds intrusted to it, this 
section is mandatory. — Sec. 4326 and Notes. 

4853. Certificate of purchase. A certified statement of such 
sale shall be made and signed by the Auditor, and, being first recorded 
by such Auditor in the records of the Board of County Commissioners, 
shall be delivered to the purchaser when he makes his first payment, 



SCHOOL LAW OF INDIANA. 27 

sand shall entitle him to a deed when the terms of such purchase shall 
have been fully complied with. (62) 

1. Judgment, no lien. A judgment is no lien on land held by a certificate 
issued under this Bection. — Jeffries «). Sherburn, 21 Ind. 112. — See 136 Ind. 269. 

4354. Rights of purchaser. Every purchaser, until forfeiture, 
shall be entitled to all the rights of possession before existing in such 
Trustee or township, and to all rights and remedies for rents becoming 
due or breaches of covenant occurring after his purchase under any 
lease existing at the time of his purchase, and for all waste committed 
thereafter. (63) 

1. Estoppel. When the inhabitants of a township had received a part of 
the purchase money of school lands, and interest for several years on the balance, 
and expended the money for the purposes contemplated by the grant, and the 
purchaser had taken possession and made valuable improvements, it was held 
that they must be deemed to have acquiesced in the sale, and that they are estop- 
ped to deny its validity. — State v. Stanley, 14 Ind. 409. 

4355. Failure to make first payment— Penalty. A purchaser 
at such sale failing to make the first payment as above required shall 
pay ten per centum on the sum bid, to be recovered by action before 
any Court having jurisdiction, to be prosecuted by the County Auditor 
in the name of the State for the use of the proper township; and the 
Auditor and Treasurer shall be competent witnesses. (64) 

4350. Assignments. No assignment of a certificate shall be valid 
unless acknowledged before some ofiicer authorized to take acknowledg- 
ments of deeds, or before the County Auditor, who shall, in all such 
cases, record the same. Assignments of certificates heretofore made 
before any ofiicer authorized to take acknowledgments of deeds, when 
recorded, shall be as valid as if acknowledged before the County 
Auditor. (65) 

[1863, p. 11. Approved February 27, 1863, and in force October 10, 1863.] 

4357. Defective assignments — Proceedings. Whenever the 
certificate of the School Commissioner or Auditor of any county of this 
State, issued for land sold, has been assigned by any person without a 
proper acknowledgment before the County Auditor or other proper 
officer, or assigned by delivery, and such assignor is deceased, any 
assignee of such certificate, claiming title to the land described therein, 
may file his complaint in the proper Circuit Court, making the County 
Auditor and the heirs of such deceased assignor parties thereto. If it 
shall be proved to the satisfaction of the Court that the plaintiff", or any 
party to the cause, is the equitable owner of the land, and the purchase 
money has been fully paid to the school fund, the Court shall direct the 
4 — School Law. 



28 SCHOOL LAW OF INDIANA. 

Auditor to execute a proper conveyance to the plaintiff or other parties 
entitled thereto, although the certificate has not been properly assigned 
or the assignment thereof properly acknowledged by the decedent. All 
other persons claiming any interest in the land may, on their applica- 
tion, be made parties and heard in the case. The Auditor shall execute 
a conveyance, according to the directions of the Court ; and such con- 
veyance shall vest in the grantee the title of said land as fully and to all 
intents and purposes as if the certificate had been legally assigned and 
the assignment properly acknowledged. 



[1865, p. 3. Approved and in force March 6, 1865.] 

4358. Loan of Purcliase-money. When the residue of the pur- 
chase-money becomes due, the purchaser may retain the same as a loan 
for a term not exceeding three years, on payment, annually made in 
advance, of the interest thereon, at the rate then established by law for 
the loans of such funds ; but he shall receive no deed until full pay- 
ment is made. (66) 

4359. Payments. Purchasers may, at any time before due, pay a 
part or the whole of such purchase-money. (67) 

4360. Lost Certificate. When any such certificate shall be lost 
before a deed be made, on proof thereof by affidavit of the person in- 
terested, or other competent testimony, to be filed with the County 
Auditor, and after three months' notice of intention to apply for a new 
certificate, given in some newspaper printed nearest to where the land 
lies, such Auditor may issue the same to the person entitled thereto. 
(68) 

1. If a certificate is lost, a new one may be issued to the purchaser, even to 
a grantee of the purchaser. — Hinkle v. Morgerum, 50 Ind. 240, 244. 

4301. Purchase-money, where paid. The purchase-money and 
interest, and all costs and damages above provided for, shall be paid to 
the Treasurer of the proper county, and his receipt therefor filed, by 
the person paying, with the County Auditor, who^hall issue his quietus 
therefor. (69) 

4362. Bnty of Auditor. When such payment is in completion of 
any contract of sale, the amount of such receipt shall be indorsed by 
the County Auditor on the certificate of purchase. (70) 

4363. Deed. On full payment for such land, a deed shall be issued 
by the County Auditor, and entered upon the record-book of the Board 
of County Commissioners. (71) 



SCHOOL LAW OF INDIANA. 29 

[1877, p. 139. Approved and in force February 8, 1877.] 

4364. Sale — Legalization. In all cases where school lands have 
been sold and certificate has either been issued to the purchaser or en- 
tered of record in the proper office, or otherwise, so the purchaser en- 
tered into possession and paid part of the whole of the purchase-money, 
or could have entered into occupancy, such sale shall be deemed and 
held a sale under the law, as much as it would be had a deed been made 
and delivered and the fee had been passed to the purchaser ; and such 
lands shall be deemed and held as having been sold, so as to make them 
liable to taxation, within the meaning of the law, as fully and com- 
pletely as they would have been had a deed been delivered. All ap- 
praisements of lands so sold, and all assessments of the same for taxes, 
and all levies and collections of taxes thereon, heretofore made, are 
hereby legalized and declared to be lawful and valid, and shall in nowise 
be subject to question by reason of such sale not having been consum- 
jnated by execution and delivery of deed. (1) 

1. See E. S. 1881, §6519. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4365. Title, when complete. Such deed shall be executed and 
acknowledged, at the cost of the grantee, by the County Auditor, as in 
other cases ; and, thus executed and delivered, shall vest in the grantee, 
his heirs and assigns, forever, a complete title to the land. (72) 

4366. Sale "had without vote. The voters of any congressional 
township may, in the absence of a vote to sell land, and in lieu thereof, 
petition the Trustee of the township for such sale. Such petition, if 
signed by a majority of all the voters of the township, shall be filed 
with the County Auditor, and the same proceeding shall be had as pro- 
vided in section fifty-four [§4345], upon a vote of the inhabitants of 
the township for such sale. Such petition and certificate shall be re- 
corded in the record-book of the Trustee of the township and of the 
County Auditor of the investment of funds held for the benefit of com- 
mon schools and congressional townships. (73) 

1. See §4329, note 1. After a petition has been recorded, signers thereof 
can not withdraw their names in order to defeat the sale, 

4367. Compensation on failure of title. When any officer 
authorized to sell school lands shall have sold any lands without a title 
thereto, such officer, or his successor in office may convey such other lands 
of equal value as may be agreed upon by such officer and the purchaser, 
his heirs or assigns ; or, failing to make such agreement, the purchase- 
money, with interest, shall be repaid to the purchaser, his heirs, exec- 
utors, administrators or assigns; but no such purchase-money shall be 



30 SCHOOL LAYf OF INDIANA. 

thus repaid until the proper Prosecuting or District Attorney shall hav& 
investigated the facts of the case and certified to the correctness of the 
claim. (150) 

1. The sale of school lands in unauthorized subdivisions, made prior to 
March 3, 1855, was legalized by an act of 1855 (p. 144). 

2. The rate of interest in such case is six per cent. — §4369. 

3. This section does not apply to title of lands mortgaged to school fund and- 
sold by the Auditor.— g4383, note 4, 

[1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.] 

4368. Lands of surplus revenue fund, how sold. Where the 
surplus revenue fund belonging to common schools, in any county in this 
State, or any part of such fund, has by any means become invested or 
changed into real estate, the Board of Commissioners of such county 
are hereby authorized to dispose of the same, by sale, in such manner 
as may seem best for the interest of the common school fund, and to re- 
invest the proceeds of such sale in the manner directed by law for the 
investment of other moneys belonging to the common school fund. (1) 

1. Note. This section is probably obsolete since the consolidation of the- 
school funds. 

[1893, p. 41. Approved and in force February 17, 1893.] 

4369. Interest — Judgment. Theprincipalof all jnoneys, whether 
belonging to the common school fund or to the congressional township 
school fund, received into the county treasury shall be loaned at 6 per 
cent, per annum, payable annually in advance, and the interest paid 
out as prescribed by the school law of this State, and not otherwise ; 
and any judgment upon any note or mortgage for any part of said 
fund shall bear 6 per cent, interest from the date thereof till the same 
is paid ; and no greater rate of interest than is herein specified shall be 
exacted or received upon any loan heretofore made at the rate of 8 per 
cent, per annum shall, from and after the taking effect of this act, draw 
6 per cent, interest per annum, the same as if negotiated under the 
provisions of this act. 

All laws and parts of laws in conflict with the provisions of this act 
are hereby repealed. (2) 

An emergency existing for the immediate taking effect of this act, 
the same shall be in force from and after its passage. (3) 

1. Repeal. This repeals the acts of ]\Iarch 2, 1889, (acts 1889, p. 81.) 

2. Rebate. An agreement to rebate a portion of the interest out of the- 
county revenue is without authority of law and of no effect. — Miehener, Atty-Gen^ 



SCHOOL LAW OF INDIANA. 31 



[1883, p. 75. Approved and in force March 3, 1883.1 

4369a. Advertisement of funds. Whenever, in any county of the 
State of Indiana, the school fund, or part of the school fund, appor- 
tioned to such county to be loaned out, remains unloaned, it shall be the 
duty of the Auditor of said county to advertise, in the months of Jan- 
uary, April, July and October, for three consecutive weeks, in a weekly 
newspaper published in said county, that such amount of the school 
fund remains unloaned, and that applicants for loans can secure the 
same by applying at his office and fulfilling the requirements of the law 
under which he is authorized to loan out the school fund. (1) 

[Acts 1865, p. 3. Approved and in force March 6, 1865.1 

4370. Auditor's duty. Such loans shall be made by the County 
Auditor, who shall inform himself of the value of the real estate offered 
in the mortgage and be satisfied of the validity of the title thereof ; and 
all persons applying for a loan shall produce to said Auditor title-papers, 
showing to his satisfaction, a good and sufficient title in fee-simple, with- 
out incumbrance, [and] not derived from sale for taxes. (75) 

1. Pkioe mortgage. The existence of an incumbrance to the knowledge of 
the Auditor does not invalidate the mortgage as against the borrower. — Demingt). 
State, 23 Ind. 416. 

2. Personal security. A loan on personal security only, without a mort- 
gage, though a violation of the Auditor's duty, is nevertheless binding upon the 
borrower and the surety. — Scotten v. State, 51 Ind. 52. 

3. Loan to himself unlawful. A mortgage executed by a County Audi- 
tor to secure a loan of a part of the common school fund made to himself is valid 
or invalid at the option of those having the supervisory control of the fund. The 
loan is unlawful as against public policy, and is a breach of the Auditor's official 
bond, but the mortgage may, both to the Auditor and those claiming under him, 
be resorted to and enforced as a means of reimbursing the fund, looking to the 
Auditor and his sureties for any deficiency that may remain after the mortgaged 
land has been exhausted. — State v. Levi, 99 Ind. 77. See also Stockwell v. State, 
101 Ind. 1 ; State v. Greene, 101 Ind. 532, and Ware v. Ware, 74 Ind. 181. 

4371. Appraisement. The Auditor shall require three disinter- 
ested freeholders of the neighborhood to appraise any land ofiered in 
mortgage. (76) 

4372. Duty of appraisers. Such appraisers, being first officially 
sworn, shall examine and appraise such land, and sign and give to the 
applicant a certificate, setting forth the fa:ir cash value of the land at the 
time, without taking into consideration perishable improvements. (77) 



S2 SCHOOL LAW OF INDIANA. 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

4373. Loaus outside of county. In making such loans prefer- 
ence shall be given to the inhabitants of the county : Provided, That 
whenever any of such funds shall have remained in the treasury of any 
county to which the same may belong for a period of three months, 
without being loaned to any inhabitant of said county, then the Auditor 
of said county may loan the same to any freeholder of any other county 
in Indiana, upon his complying with the law regulating such loans. 
When the land received as security for any such loan is situated in any 
county of the State other than the one in which the loan is made, and 
there is default in the payment of interest or principal, the Auditor of 
the county making the loan shall at once transmit to the Auditor of the 
county where the land is situated a certified copy of the note and mort- 
gage given for the loan, with a statement of such default in payment, , 
and the Auditor of such latter county shall, upon such certified copy, at 
once proceed to enforce the collection of such loan either by suit or sale 
of the land, as is now provided by law ; and, after receiving such certi- 
fied copy by said Auditor, all steps taken, and all proceedings had, with 
reference to said loan or the land which was mortgaged shall be the same 
as if the loan had originally been made out of the funds belonging to 
said county ; and all money collected or realized upon such loan shall at 
once, as soon as collected or realized, be paid over to the Auditor of the 
county having made the loan. (78) 

1. Heretofore loans could not be made on property situated outside the 
county. Skelton v. Bliss, 7 Ind. 77. 

4314. Limit of loan. The amount loaned to any person shall not 
exceed two thousand dollars. (79) 

1. See also §4378. The limit previous to this act was one thousand dollars. 
[1881, p. 99. Approved and in force April 14, 1881.] 

4375. Certificate as to liens. An applicant for a loan of a part 
of the common school fund or of the congressional township school fund 
shall file with the Auditor of the county the certificate of the Clerk and 
Eecorder of the county, that there is no incumbrance on the land offered 
as a security for the loan in either of said offices : Provided, That where 
the records, books and papers of the Clerk's office have been destroyed 
by fire, the Clerk's certificate shall only state the fact and date of such 
destruction, and that there is no incumbrance on said land appearing 
from any of the records, books and papers then on file in his office, and 
that there is no incumbrance on said land in his office of which he has 
any knowledge. The applicant shall also, in such case, execute to the 



SCHOOL LAW OF INDIANA. 6d 

State of Indiana, for the benefit of the common school fund, a bond^ 
with one or more freehold sureties to the approval of the Auditor, con- 
ditioned for the payment of so much of the loan as may be lost by 
reason of any incumbrance or lien upon the land which was evidenced 
by the records, books or paper in the Clerk's office which have been 
destroyed. (1) 

1. Gas or Oil Lease. A lease of lands for the purpose of drilling oil or 
gas wells, or for the purpose of piping oil or gas, is an incumbrance on such lands 
within the meaning of this statute. — Michener, Atty-Gen. 

2. Evidence. For the purpose of showing that the law was complied with ia 
making a loan, the certificate of the Clerk and Recorder, and the affidavit of the 
mortgagor, are competent evidence to show a compliance with this statute. — 
Stockwell V. State, 101 Ind. 1. 

3. Prior Lien. At the time the loan was made there was a prior incum- 
brance on the lands mortgaged, of which fact the Auditor had notice hj the bor- 
rower's affidavit of title, but it was held that the mortgage was valid as against 
the borrower. — Deming ■;;. State, 23 Ind. 416. 

4. Negligence of Auditor— Irregularity of Loan. A complaint to 
enjoin a sale of land by a County Auditor to satisfy a School Fund mortgage, 
which shows that the plaintiff, after the mortgage was executed, purchased the 
land under the foreclosure of a secret vendor's lien antedating the mortgage, and 
alleges that the plaintiff, at the time the mortgage was executed, held a judgment 
against the mortgagor, but makes no claim of title under that judgment, and al- 
leges further that the Auditor in taking the mortgage failed to require an oath of 
the mortgagor, and a certificate of the Clerk and Kecorder, that the land was un- 
incumbered, and also failed to have the property appraised, as provided by law, 
is not sufficient to entitle the plaintiiFto an injunction or to avoid the mortgage. — 
Winstandley v. Crim, 117 Ind. 328. 

[18&5, p. 3. Approved and in force March 6, 1865.] 

4376. Oath of Applicant. Such applicant shall make oath that 
there is no incumbrance or better claim, that he knows of, and that the 
abstract of the title presented by him is, as he believes, a true one. 
(81) 

1. A failure to make the affidavit does not render the sale void.— Winstand- 
ley V. Crim, 117 Ind. 328. 

2. It is doubtful if a married woman, after making the statement required 
by law, can defeat the mortgage she joins in on the ground that she gave the 
mortgage as surety for her husband. — Snodgrass v. Morris, 123 Ind. 425. 

4377. Time of Loan. No loan shall be made for a longer term 
than five years. (82) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

4378. Limit of Loan. The sum loaned shall not exceed one-half 
of the appraised value of the premises proposed to be mortgaged, clear 
of all perishable improvements : Provided, That where such premises 



34 SCHOOL LAW OF INDIANA. 

are situated in a county other than that which such fund may belong, 
the sum loaned thereon shall not exceed one-fourth of the appraised 
value of such premises, exclusive of perishable improvements. Such 
value to be determined by existing laws of the State of Indiana. It is 
hereby made the duty of the Board of Commissioners of each county in 
this State, at their first regular session after the taking effect of this act, 
to appoint in each Commissioner's district of the county three reputable 
freeholders, any two of whom, without the concurrence of the third, 
may act as school fund appraisers, whose duty it shall be upon oath to 
make all the appraisements of lands in their respective districts, re- 
quired in this act or in the act of which this is amendatory. Said ap- 
praisers, or any of them, may be removed and new ones appointed by 
said Board at any regular or special session, and in case any of such 
appraisers is at any time disqualified, by reason of kinship or interest, 
from acting, the appraisement shall be made by the other appraisers, 
who, in case of a disagreement, shall select a third appraiser. Said ap- 
praiser shall receive the same compensation for making each appraise- 
ment, and be paid in the same manner as such appraisers are now paid. 

1. See also §4374. 

[1865, p. 3. Approved and in force March 6,1865.] 

4379. Acknowledgments and Oaths. The Auditor shall have the 
power to administer all oaths and take all acknowledgments required 
by this act. (84) 

4S80. Record of Mortgages — Priority. Mortgages taken for 
8uch loans shall be considered of record from the date thereof, and shall 
have priority of all mortgages or conveyances not previously recorded, 
and all other liens not previously incurred, in the county where the 
land lies. (85) 

1. Lien Without Kecobd. A school fund mortgage is a lien upon the land 
as to subsequent purchasers without being recorded. — West v. Wright, 98 Ind. 335. 

2. Parties holding or claiming through the mortgagor in a school fund mort- 
gage are bound to take notice of the mortgage, though not recorded. A school 
fund mortgage is not void as to the State because the County Auditor has made 
the loan to himself. Such mortgage draws the same interest after foreclosure as 
before maturity. — Stockwell v. State, 101 Ind. 1. 

3. Tax Title Subject to Mortgage. The purchaser and grantee of real 
estate, under the tax deed, takes his title to such real estate under the provisions 
of E. S. 1881, §6479, and subject to all the claims which the State may have 
thereon for taxes, or other liens or incumbrances, such as a mortgage executed 
thereon to the State, as a security for the payment of a loan to the school fund, 
prior to such tax sale and the execution of such tax deed. This is so, although 



SCHOOL LAW OF INDIANA. 35 

the taxes for which the real estate was sold, had been assessed and delinquent be- 
fore the execution of such school fund mortgage. State v. Wasson, 95 Ind. 175. 
So a sale of lands for taxes which accrued after the execution of a school fund 
mortgage is subject to the mortgage lien. — Stockwell v. State, 101 Ind 1. Where 
a mortgage to secure a school fund loan is assumed by the purchasers of the real 
estate, the mortgagors to whom the loan was made do not, by a subsequent pur- 
chase of the real estate sold by the Auditor to satisfy the mortgage take the prop- 
erty divested of liens for taxes assessed by the city in which the property is situ- 
ated. — City of Logansport v. McConnell, 121 Ind. 416. 

4. Notice of Mortgage — Purchaser, at Tax Sale. Land on which the 
owner has placed a school fund mortgage is as much liable to taxation as any other 
land ; and a person buying it at tax sale within the year for redemption from a 
sale on foreclosure of mortgage can not recover the amount paid for taxes. At 
most the mortgage is only a first lien to city taxes. The purchaser is bound to take 
notice of the school mortgage and decree of foreclosure. He must be held to pur- 
chase with full knowledge of mortgage, the foreclosure, and to have purchased sub- 
ject to the lien. — McWhinney v. City of Logansport, 132 Ind. 9. 

4381. Auditor's Duty. The Auditor shall cause such mortgages to be re- 
corded immediately, retaining the cost of recording out of the money borrowed. 
(86) 

1. Acknowledgments. If the mortgage be recorded, not being acknowl- 
edged or proved as our general laws require to admit mortgages to record in the 
Recorder's ofHce, such record is no notice to subsequent bona fide purchasers. But 
the act of 1843 (now §4380) requires that such mortgages shall be deemed recorded 
from their date ; and this is notice. — Deming v. State, 23 Ind. 416 ; Mann v. State, 
116 Ind. 383. 

2. Lien Without Record. A school fund mortgage is a lien upon the land 
as to subsequent purchasers, without being recorded. — West v. Wright, 98 Ind. 335. 

3. Cancellation op Mortgage. An action to cancel a school fund mort- 
gage will not lie against a County Auditor ; the State is the party in interest. — 
Crooks V. Kenuett, 111 Ind. 347 ; Snodgrass v. Morris, 123 Ind. 425. 

4. See section 4376 and notes. 

4382. Fees. The following fees only shall be charged in cases of mortgage 
for loans : To each appraiser, fifty cents ; for recording mortgage, one dollar ; for 
drawing mortgage, one dollar; for making borrower's affidavit, ten cents; for 
Clerk's certificate, fifty cents ; for Recorder's certificate and examining title, each 
one dollar : which shall be paid by the borrower. (108) 

4383. Interest Unpaid — Auditor's Duty. On failure to pay any install- 
ment of interest when the same becomes due, the principal sum shall forthwith 
become due and payable, and the Auditor may proceed to collect the same by 
suit on the note, or by sale of the mortgaged premises. He may also, by suit, re- 
cover the possession of the mortgaged premises before sale thereof ; and he shall, 
on the fourth Monday in March, annually, offer for sale all. mortgaged land on 
which payments of interest are due on the first day of January and unpaid on the 
day of sale. (87) 

1. Statute Mandatory. In selling lands, the Auditor must strictly fol- 
low the requirements of the statutes upon the subject. Where sale is made to 
make a greater sum than is due, the sale is void ; and where the borrower has 
made a payment of interest, and failed to file the Treasurer's receipt with the 
Auditor, it will not excuse the Auditor for selling to make a sum greater than is 
really due, — Key v. Ostrander, 29 Ind. 1 ; Arnold v. Gaff, 58 id. 543. The law in. 



36 SCHOOL LAW OP INDIANA, 

force at the time of sale, providing the method, notice aud other elements of rem- 
edy, governs the sale. — Webb v. Moore, 25 Ind. 4; Jones v. Hopkins, 26 id, 450; 
Moore v. Seaton, 31 id. 11. 

2. Merger of Mortgage. After obtaining judgment and foreclosure by 
suit, the mortgage is merged; the Auditor can not, then, sell under it, and such 
sale is a nullity. — Farris v. Cravens, 65 Ind. 262. 

3. No Warranty. The State does not warrant the title of lands sold on 
account of the School Funds. Officers should see that lands mortgaged to secure 
the School Funds are properly described and unincumbered, but the purchaser at 
the mortgage sale takes whatever title he gets, and there is no law authorizing the 
refunding of purchase money by the officers. — Woollen, Atty-Oen. 

4. Title from the State. The title of a purchaser from the State, after 
the State has acquired title upon a forfeiture against a School Fund borrower and 
mortgagee, takes precedence of any tax deed or lien, whether State, city or 
county, for taxes that accrued subsequeut to the school fund loan. — Baldwin, 
Atty- Gen. 

5. Can not Release Without Payment. ' The Auditor of a county has no 
authority to release a school mortgage unless the money is paid, and where a 
party is entitled by his contract to an unincumbered title, he is not compelled to 
accept a conveyance of land thus encumbered, though the Auditor has released 
the mortgage of record. — Conley v. Dibber. 91 Ind. 413. 

6. When Auditor May Proceed. The Auditor may proceed, immedi- 
ately upon default in the payment of the principal or interest, to collect the en- 
tire mortgage due, and he has no discretion in offering for sale, on the fourth 
Monday in March, all such lands in default on the first day of January. — A. G, 
Smith, Atty- Gen. 

7. Foreclosure. A suit by the County Auditor to foreclose a mortgage 
may be maintained instead of resorting to statutory proceedings. — McCray v, 
Euck, 23 Ind. 416; Ferris v. Cravens, 65 Ind. 262; Stockwell v. State, 101 Ind. 1; 
Kendall v. Green, 101 Ind. 532. 



[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

4383a. Collection on Default. It shall be the duty of the Auditor 
of each county, in case default shall be or has been made in the pay- 
ment of principal or interest of any school fund loan, to at once proceed 
to enforce the collection of such principal or interest, as the case may 
be ; and any Auditor who shall fail or refuse to comply with the require- 
ments of this section shall be deemed guilty of a misdemeanor, and 
upon conviction shall be fined in any sum not exceeding one thousand 
dollars. (4) 

1. Auditor's Duty. This section is properly supplemental to section 4383 
and the two should be read and interpreted together. In explanation of ?4383, 
-the Attorney-General has given the following opinion : 

The statute (§4383) provides that on failure to pay any installment of interest 
when the same becomes due, the principal sum shall forthwith become due and 
payable, and the Auditor may proceed to collect the same by suit on the note, or 



SCHOOL LAW OF INDIANA. 37 

Iby sale of the mortgaged premises. He may also by suit recorer the possession of 
the mortgaged premises before sale thereof, and he shall, on the fourth Monday 
in March, annually, offer for sale all mortgaged lands on which payments of 
interest are due on the first day of January and unpaid on the day of sale. It was 
intended that the County Auditor should possess a speedy and summary remedy to 
enforce collection. If he was required to sell on the fourth Monday in March 
only, then in many instances the officer could not enforce collection for a year 
after the delinquency and defalcation. In many counties the officer has made 
Sales under the statute at other times than the fourth Monday in March. In Col& 
V. Miller, 60 Ind. 463, the sale of the mortgaged land was made February 20, 1875, 
and the sale was sustained by the court. Every part of a statute should be sa 
construed as to give it effect. It is my opinion, that on failure to pay any install- 
ment of interest when the same becomes due, the County Auditor is authorized to- 
sell the land at any time, after sufficient and proper notice. The duty imposed 
on him by statute "to offer for sale, on the fourth Monday in March, annually, 
all mortgaged lands on which payments of interest are due on the first day of Jan- 
uary, and unpaid on the day of sale," is intended to be mandatory. He may sell 
at any time after defalcation by the creditor, and lawful notice thereof, but must 
offer for sale on the fourth Monday in March, annually, all mortgaged lands on- 
which payments of interest are due on the first day of January and unpaid on the- 
day of sale. — Hord, Atty-Gen. 

2. Penalty. By this section the County Auditor is required, under penalty, 
to do what, according to the Attorney-General's opinion, he was authorized to do 
by section 4383, namely, to enforce collection of principal or interest of loans 
whenever default shall be made in the payment thereof, not waiting for the fourth 
Monday in March. But section 4383 is in force as to the manner of procedure., 
The usual legal notice must, of course, be given. — Holcombe, Supt. 



[1865, p. 3. Approved and in force Marefi 6, 1865.] 

4384. Fund to be Specified. The mortgage may be, in substance^ 
as follows ; and the Auditor shall specify therein whether the same 
belongs to the common school fund or to the congressional township 
fund, and, if the latter, the particular township or townships whose 
funds are thus loaned. (88) 

1. The omission to state the particular fund does not render the mortgage 
void. See Benefiel v. Aughe, 93 Ind. 401, 407; and Ellis v. State, 2 Ind. 262. 

4385. Form of Mortgage. I, A. B., of the county of , in 



the State of Indiana, do mortgage to the State of Indiana, for the use 
of [here describe the fund out of which the loan was made] all [here 

describe the land], for the payment of dollars, with interest at 

the rate of eight per cent, per annum, payable annually in advance,, 
according to the conditions of the note hereto annexed. (89) 

1. Wife's Signature. In the form prescribed, there is no mention of relin- 
quishment of dower, inasmuch as tenancies in dower are abolished. The wife^, 



38 SCHOOL LAW OF INDIANA. 

however, is a prospective owner of the land held by the husband, and she should 
join him in signing the mortgage prescribed for securing loans from the school 
fund. — Larrabee, Supt. 

See also Burk v. Axt, 85 Ind., 512; Noland v. State, 115 Ind. 520. 

2. Assignment to Subsequent Moetgagee. Whenever a school fund mort- 
gage becomes collectible on account of failure to pay interest, or any other failure 
on the part of the mortgagor, by which it becomes necessary to foreclose in order 
to recover the money, then such mortgage may be assigned to the holder of a sub- 
sequent mortgage upon payment of the amount due. — Woollen, Atty-Gen. 

3. Description. A description of land in a school fund mortgage as "the 
northeast part" of a specified tract, "containing ninety acres," is insufficient, 
and an Auditor's sale made thereunder is invalid. — Burk v. Axt, 85 Ind. 512. 
If the mortgage does not contain a proper description of the land, such descrip- 
tion mav be corrected on a decree to foreclose the mortgage. — Noland v. State, 
115 Ind." 529. 

4. Presumption. A deed or mortgage made in the form prescribed by the 
law of this State, and purporting to have been acknowledged in this State between 
parties residing in the State, and containing nothing to indicate a contrary inten- 
tion, will be presumed by the courts to be of land in this State. Where both the 
county and State are omitted from the description of land embraced in a mort- 
gage, but it appears on the face of the mortgage that it was executed by parties 
residing in a certain county for the purpose of securing a loan of school funds 
borrowed by the mortgagor, through the Auditor of that county, it will be pre- 
sumed, without more, that the land is there situated. — Mann t). State, 116 Ind. 383. 
Quare: Would this rule of presumption prevail now, since Auditors may lend 
outside of their counties? 

5. Cancelling Mortgage. In an action to set aside and cancel a school 
fund mortgage, the County Auditor is not a proper defendant, and a judgment 
against such officer in such actions will not bind the State, it not being a party, 
and it is very doubtful if the State can even be thus sued. — Crooks v. Kennett, 
111 Ind. 347; see Snodgrass v. Morris, 123 Ind. 425. 

6. W_IFE._ A wife may borrow money and mortgage her own land to dis- 
charge valid liens thereon, or for a purpose that enures to its benefit or protec- 
tion.— Noland V. State, 115 Ind. 529. 

7. The rate of interest is now 6 per cent. See sec. 4369. 

8. Loan to_ Married Women — Estoppel. If a married woman, to obtain a 
loan, complies with all the statutory requirements in relation thereto and executes 
a mortgage upon her separate real estate, is estopped from questioning the validity 
of the mortgage ; and the fact that the Auditor may have had knowledge that he 
was obtaining the loan as security for another, can not effect the validity of the 
mortgage when he acted within the letter of the Statute, and the mortgage has been 
voluntarily executed. — Davee v. Board, 7 Ind. App. 71. The Auditor must pay 
her the money, and if he pay another he will be personally liable; but in such an 
instance the mortgage will be valid. — Cloyd v. State, 134 Ind. 506. 

4386. Form of Note. The note accompanying the same maybe 
in substance as follows, to-wit. : I, A. B., promise to pay to the State 
of Indiana, for the use of- [here recite the particular fund], on or before 

, the sum of dollars, with interest thereon at the rate of 

eight per cent, per annum in advance, commencing on the day 

of , 18 — ; and do agree that, in case of failure to pay any install- 
ment of interest when the same shall become due, the principal sum 
shall become due and payable, together with all arrears of interest ; and 
on failure to pay such principal or interest when due, two per cent, 
damages shall be collected, with costs, and the premises mortgaged may 
be sold by the County Auditor for the payment of such principal sum, 
interest, damages and costs. (90) 



SCHOOL LAW OF INDIANA. 39 

1. A mortgage executed to secure a note attached to it is binding, though 
the note is not signed ; and there is no error in allowing the cote to be read in 
evidence, it being a part of the mortgage. — McFadden v. State, 82 Ind. 558. 

2. The rate of interest is now 6 per cent. See sec. 4369. 

4387. Warrant to Borrower. On making a loan of any fund, the 
Auditor shall draw his warrant in favor of the borrower upon the 
County Treasurer, who shall charge it to the proper fund. (91) 

4388. Payments — Quietus. All loans refunded and all interest 
shall be paid to the County Treasurer, and his receipt shall be filed with 
the County Auditor, who shall give the payer a quietus therefor, and 
make proper entries. (92) 

1. Note. The Auditor is bound to take notice of a payment to the Treasurer, 
whether or not receipt has been filed wi'th him. — Key v. Ostrander, 29 Ind. 1. 

2,\ Payment to Teeasueer and not to Auditor. Payment should be 
made to the County Treasurer and not to the County Auditor. — Cole v. Miller, 60 
Ind. 463. 

4389. Indorsements and Satisfaction. Whenever the amount due 
on any mortgage shall be paid, and the Treasurer's receipt therefor filed, 
the Auditor shall indorse on the note and mortgage that the same has 
been fully satisfied, and surrender the same to the person entitled 
thereto ; and, on production of the same thus indorsed, the Recorder 
ishall enter satisfaction upon the record. (93) 

1. Entry of Satisfaction. The County Eecorder can enter satisfaction of 
a school fund mortgage before forclosure only upon indorsement by the County 

_A.uditor that the same has been fully paid. — Stockwell v. State, 101 Ind. 1. 

2. Eelease Without Payment. A release of a mortgage by the County 
-Auditor without payment is invalid. — Conley v. Dibber, 91 Ind. 412. 

4390. Suit for deficiency. In all cases when the mortgaged prem- 
ises shall fail to sell for a sum sufficient to satisfy the principal and in- 
terest of the loan made, and the damages accrued by reason of such 
failure, and costs, the County Auditor shall bring suit on the notes exe- 
cuted by the mortgagor; and whenever judgment shall be rendered 
thereon, no appraisement of property shall be allowed on execution 
issued on such judgment. (94) 

1. The Eelator. The County Auditor is the proper relator in a suit to re- 
cover school funds loaned. — Scotten v. State, 51 Ind. 52. 

2. Damages. See §4347, note 2. 

3. When Sxht May be Brought, See §4394, note 2. 

4. When Suit for Deficiency May be Brought. A County Auditor who 
bids in, at public auction, land mortgaged to the school fund, can not proceed on 
the note executed by the mortgagor until he has made the subsequent sale required 
ty section 4393, and fails to realize enough to satisfy the amount due. — Clark v. 
.State, 109 Ind. 388. 



40 SCHOOL LAW OF INDIANA. 

4391. Notice of Sales. Before sale of mortgaged premises, the- 
Auditor shall advertise the same in some newspaper printed in the 
county where the land lies, if any there be (otherwise, in a paper in the 
State nearest thereto), for three weeks successively, and, also, by notice 
set up at the court-house door and at three public places in the town- 
ship where the land lies. (95) 

1. Length of Notice. The Legislature may change the requisite length 
of notice even after the mortgage has been given. — Jones v. Hopkins, 26 Ind. 450. 

2. No Compensation. The Auditor is not entitled to compeasation for 
posting notices of sale. — The Board v. Leslie, 63 Ind. 492. 

3. Sale Without Notice. A sale without notice is not such new matter as 
will entitle the mortgagor to a new trial in an action brought to recover for a de- 
ficiency of the amount owed by him. — Peyton v. Kruger, 77 Ind. 486. 

4392. Manner of Sale — Surplus. At such sale (which shall be 
held at the court-house door), the Auditor shall sell so much of the 
mortgaged premises, to the highest bidder, for cash, as will pay the 
amount due for principal, interest, damages and costs. When less than 
the whole tract mortgaged shall be sold, the quantity sold shall be taken 
in a square form, as nearly as possible, off the northwesterly corner of 
said tract ; and when less than the whole of any in-lot or out-lot of any 
town or city shall be sold, the part sold shall be laid out and taken off, 
so that it shall extend from the main or principal street or alley on which 
the said lot fronts, to the rear thereof, to divide the same by a line as 
nearly parallel with the boundaries of said lot as practicable, and if less 
than the whole is sold, the Auditor, in his notice of sale, shall indicate 
off of which side or end of said lot the part to be sold shall be taken ; 
and if more than one tract of land is included in the mortgaged prem- 
ises, the Auditor shall elect which tract or tracts shall be sold, saving to 
the mortgagor, if practicable, the tract on which his house is located. 
If a tract of land so mortgaged, and liable to be sold to satisfy the mort- 
gage, can not be divided without materially diminishing the value of 
such tract; or if any in-lot or out-lot be indivisible, by reason of ex- 
tensive buildings or other improvements thereon, the Auditor may sell 
the whole thereof, and, after paying the amount due for principal, in- 
terest, damages and costs, out of the purchase-money, shall pay the bal- 
ance, if any, to the mortgagor ; and if the Auditor sell any part of a 
tract of land, out-lot, or in-lot for more than the amount of principal, 
interest, damages and costs, the excess, if any, shall be paid to the 
mortgagor. (96) 

1. Division Immatebial. The Auditor can sell in no other way than that 
provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set aside a sale- 
made by the Auditor, where the mortgage debt, penalty and costs aggregated one 
hundred and fifty-two dollars and twenty cents, though the land was worth four 



SCHOOL LAW OF INDIANA. 41 

thousand dollars, and could have been divided without materially diminishing its 
value, it was held to be immaterial that he did not, at the sale, oifer any part in 
the form of a square, or otherwise, off of the northwest corner thereof, — Arnold 
V. Gaff, 58 Ind. 543. See notes 5 and 9. 

2. The Excess. If the mortgagor has sold the land to another person, and 
the purchaser has assumed the mortgage, such purchaser would be subrogated to 
the mortgagor and entitled to receive the excess. — Baldwin, Atty-Gen. 

3. Tax Sale. The lien of the State upon land mortgaged to the School 
Fund is not affected by a sale of the land for taxes, and the State need not redeem 
to save its rights. The purchaser at the tax sale takes title subject to the School 
Fund mortgage. — -Woollen, Atty-Gen. 

4. Statute Must be Pubsued. The County Auditor, in making a sale of 
land in satisfaction of a School Fund Mortgage, has no power to sell in any other 
mode than that prescribed by the statute, and the burden is upon one claiming 
title under such a sale to show that the statutory requirements have been strictly 
pursued. — Haynes v. Cox, 118 Ind. 184. 

5. Portion Sold. Where the Auditor, in selling less than the whole tract 
mortgaged, does not take the quantity out of the northwesterly corner of the tract, 
as required by the statute, but, on the contrary, takes it from another and entirely 
distinct portion thereof, he exceeds his power and the sale is invalid. ^-Haynes v. 
Cox, 118 Ind. 184, See notes 1 and 9. 

6. Statute Must be Strictly Pursued. In a sale of real estate the stat- 
ute must be strictly pursued, or the sale will be void. — Williamson v. Doe, 7 
Blackf. 12; Benefield v. Aughe, 93 Ind. 401; Ferris v. Cravens, 65 Ind. 262. 

7. Sale for More than Due. A sale for a sum greater than is due at 
the time of the sale is void. — Betson v. State, 47 Ind. 54 ; Key v. Ostrander, 29 
Ind. 1; Vail v. McKernan, 21 Ind. 421; Board of Com. v. State, 122 Ind. 333; 
Brown v. Ogg, 85 Ind. 234. 

8. Kedemption. The purchaser takes an absolute title, and junior incum- 
■>br»ncers have no right to redeem from the sale. — Schnantzv. Schelhaus, 37 Ind. 85. 

9. Sale in Parcels, The County Auditor need not offer the mortgaged 
premises in parcels, where they are described in the mortgage as a single tract. — 
Shannon v. Hay, 106 Ind. 589. See notes 1 and 5. 

10. Appraisement. Upon the foreclosure of a School Fund mortgage, the 
court may order the land sold without appraisement. — Stockwell v. State, 101 
Ind. 1. 

11. Quieting Title. One whose land has been sold to satisfy a School 
Fund mortgage executed by him can not maintain an action to quiet title against 
the purchaser, although the sale was void, without first paying or tendering to 
the latter the amount paid by him. — Shannon v. Hay, 106 Ind. 589. 

12. Rate of Interest. A School Fund mortgage draws the same interest 
after as before maturity. — Stockwell v. State, 101 Ind. 1. By act of 1893, the 
rate is 6 per cent. See section 4369. 

13. When Auditor must Bid. It is the duty of the Auditor to offer the 
mortgaged premises in the manner provided by the statute ; and if, after offering 
it for sale in that manner, no one bids the amount due, he must bid the property 
in for the use of the fund secured by the mortgage. — Haynes v. Cox, 118 Ind. 184. 

14. Subrogation. The purchaser of land sold by an Auditor under a 



42 SCHOOL LAW OP INDIANA. 

school fund mortgage, the sale having been set aside as invalid, may be subroga-- 
ted to the rights of the State in the mortgage ; and the fact that there was a mis- 
taken description, if the mistake can be corrected, does not affect the right of 
subrogation on the part of the purchaser.^Willson v. Brown, 82 Ind. 471. 

15. Conveyance — Description Made Good by Eeference. A defective 
description in a deed or mortgage ia made good by a reference to another deed 
which contains a true description. — Willson v. Brown, 82 Ind. 471. 

16. Merger of Mortgage. When the mortgage has been foreclosed, the 
mortgage is merged in the foreclosure, and the Auditor can not sell under it. — 
Ferris v. Cravens, 65 Ind. 262. 

[1889, p. 314. Approved and in force March 9, 1889.] 

4393. Auditor's Bid. In case of no bid for the amount due,, 
the Auditor shall bid in the same on account of the fund, and, as soon 
thereafter as may be, shall sell the same — having first caused it to be 
appraised by three disinterested freeholders of the neighborhood — upon 
the following terms, viz. : One-third cash in hand, and the balance in 
four equal installments, due in one, two, three and four years, respect- 
ively, from the day of sale, bearing interest at six per cent, per annum,, 
payable annually in advance ; but no such sale shall be for a less sum 
than the appraised value thereof. (97) 

1. Statute Mandatory. The Auditor has no power to sell for cash, nor on 
a credit of less than five years, nor without first having the land appraised, nor 
for a less sum than the appraised value. — Ferris v. Cravens, 65 Ind. 262. 

2. More Than One Appraisement. If the appraisement is found to be^ 
too high, the Auditor may have a re-appraisement made, and sell the proj)erty 
tinder the modified valuation. Any other construction might work irreparable 
damage to the fund, as property might never sell for the amount of the first ap- 
praisement, and might thus become a worthless investment. — Wollen, Atfy-Gen,. 

3. Duty of Auditor. It is the duty of the Auditor to offer the mortgaged 
premises in the manner prescribed by the statute ; and, if, after offering it for sale 
in that manner, no one bids the amount due, he must bid the property in for the- 
use of the fund secured by the mortgage. — Haynes v. Cox, 118 Ind. 184. 

4. Eeimbursing County. Where the mortgagor fails to pay the interest for 
a number of years, and during those years the county pays it out of its general 
fund, and afterwards the mortgage is foreclosed, and the land is bid in by the 
Auditor on account of the school fund, and subsequently the land is sold and con- 
veyed to a third party, the school fund is only entitled to the principal of said 
loan and the interest thereon, until after the county treasury is reimbursed be- 
cause of the interest it has paid to said fund on account of said loan. — Board of 
Com. V. State, 122 Ind. 333. 

5. Surplus. This section is construed with section 4394. Whenever the 
land is sold, the county takes out the amount of principal of the mortgage for 
which it was bought in, the amount of interest, damages and costs, and the sur- 
plus goes to the original mortgagor or his grantee. — Board of Com. v. State, 122 
Ind. 333. 



SCHOOL LAW OF INDIANA. 43 

6. Section 4347. Section 4347 has no reference to a sale undejc this section. 
—Board of Com. v. State, 122 Ind. 333. 

7. See section 4392 and notes. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4394. Sale of Lands Bid in. Lands heretofore bought in on ac- 
count of the fund, which have been appraised, shall be sold in like 
manner ; and if, upon sale of any such land, a sum is realized which is 
more than sufficient to pay the principal, interest, damages and costs, 
the overplus shall be paid to the original mortgagor, his heirs or assigns, 
when collected. (98) 

1. Compare §4347 and §4393, note 5. 

2. Suit on Note. A suit can not be brought on the note by the County 
Auditor, where he has bid in the property mortgaged to secure such note, until he 
has made the subsequent sale required by this section, and failed to realize enough 
to satisfy the amount due. — Clark v. State, 109 Ind. 388. 

3. Taxes. The lien of taxes which accrued on lands mortgaged to the 
school fund subsequent to the mortgage is merged in the fee, where the land is 
bid in by the county, and taxes can not accrue on the land subsequently, until a 
purchase certificate is issued on a sale thereof. — Michener, Att'y-Oen. See Hamil- 
ton V. State, 1 Ind, 128 ; Groom v. State, 24 Ind. 255. 

[1883, p. 79. Approved and in force March 3, 1883.] 

4394a. Re-appraisement of Forfeited Lands. All lands which 
have become forfeited and have reverted, or may hereafter be forfeited 
and revert to the various townships in the several counties of this State, 
for failure to pay the interest or principal of the amount due thereon to 
the school fund, and which have remained, or hereafter remain, unsold 
for the period of three years, by reason of the amount due thereon 
being in excess of the values of said lands, may be re-appraised and sold 
for a sum not less than said re-appraised value thereof; such re-appraise- 
ment and sale to be made in the same manner and upon the same terms 
and conditions as is now prescribed by law for the appraisement and sale 
of such lands. (1) 

1. Note. Section 4852 provides for the re-appraisement and sale of any 
lands in this State belonging to any township for school purposes, which is pre- 
sumed to include lands forfeited in the manner indicated in this section. If such 
IB the case, this section supersedes section 4352 as to such forfeited lands, but not 
as to congressional township lands which have never been sold. 

2. Sections 4347 and 4348 relate to the forfeiture and resale of lands orig- 
inally belonging to and sold by the congressional townships, sections 4383-4393 to 
forfeiture and resale of lands mortgaged to secure loans from either of the school 
funds. When a sale has not been effected on the appraisement required by section 
4393, this section authorizes a re-appraisement and sale at the end of three years. 
Compare §4393, note 2. 

5 — School Law. 



44 SCHOOL LAW OF INDIANA. 

4394b. Appropriation hj Commissiouers. Upon the sale of 
sucli lands, as provided for in the preceding section of this act, the 
Board of County Commissioners of the several counties in which said 
lands are situated may make an appropriation, from the general county 
funds, a sum equal to the difference between the amount for which said 
lands shall have been forfeited and the amount for which such lands 
shall have last sold ; said sum appropriated to be placed to the credit of 
the proper fund, and loaned as other school funds are loaned. (2) 

1. Note. The duty of the Board to make such appropriation is imperative, 
since the county is liable for all deficits in the funds entrusted to it. — §4326, note 2. 

4394c. Repeal of Conflicting Laws. All laws and parts of laws 
in conflict with the provisions of this act are hereby repealed. (3) 

[1865, p. 3. Approved and in force March 6, 1865.] 

4395. Deed by Auditor. Upon full payment being made for 
such lands, the deed therefor shall be executed by the County Auditor, 
and shall be entered in the record of the Board of County Commis- 
sioners before delivery. (99) 

1. Eecoed of Deed. A recording of the deed in the Commissioners' record 
is a coBdition precedent to its delivery, and a necessary step in the sale. — Arnold 
V. Gaff, 58 Tnd. 543. 

2. The Deed as Evidence. It is the deed alone that vests the title in the 
purchaser, and if the deed does not state that the proper steps have been taken to 
perfect a sale, it is no evidence that those steps have been taken. — Williamson v. 
Doe, 7 Blackf. 12. 

3. Tendeb of Deed. A suit for the purchase-money can not be made 
without tender of a deed for the property, recorded as requii'ed above, not absolute 
but conditional upon payment therefor. — Johnson v. State, 74 Ind. 588. 

4. Payment. The amount bid is paid to the Treasurer, and not to the 
Auditor. —Cole v. Miller, 60 Ind. 463. 

5. Taxes. The title of the purchaser vests in the purchaser freed from all 
assessment and taxes made or levied between the date of the mortgage and the 
date of the deed. — Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255. 

6. Subrogation. If the sale prove invalid, and is set aside, the purchaser 
may be subrogated to the rights of the State in the mortgage. — Wilson v. Brown, 
82 Ind. 471. 

4396. Statement of Sales. At the public sale at the court-house 
door provided for in this act, the County Treasurer shall also attend, 
and make a statement of such sales, which shall be signed by the Audi- 
tor and Treasurer, and after being recorded in the Auditor's office, 
shall be filed in the Treasurer's office; and such record, or a copy 



SCHOOL LAW OF INDIANA, 45 

thereof, authenticated by the Auditor's or Treasurer's certificate, shall 
be received as evidence of the matters contained therein. (100) 

1. Note. This statement must be signed by both Auditor and Treasurer, or 
the sale will be void. — Arnold v. Gaff, 58 Ind. 543. 

4397. Title in State Without Deed. When any land is laid 
[bid] ofi" by the Auditor at such sale, no deed need be made therefor to 
the State ; but the statement of such sale, and the record thereof, shall 
vest the title in the State, for the use of the proper fund. (101) 

4398. Annual Report. County Auditors and County Treasurers 
shall annually report, in writing, to the Boards of County Commis- 
sioners of the respective counties, at the June sessions of said Boards 
relative to the school fund held in trust by said counties, distinguishing 
in said reports, between the congressional township and common-school 
funds ; indicating the amounts thereof ; the additions to them within 
the current year then ending ; the sources from whence such additions 
are derived ; the condition of them as to their safety, giving the amount 
thereof safely invested, unsafely invested and uninvested, and loss, at 
the date of said reports ; giving also the amount of interest collected 
upon said funds within the year then ending, and the amount then due 
and unpaid. (103) 

1. See §4404. 

4399. Duty of Boards. The Boards of County Commissioners 
shall, annually, at their June sessions, in the presence of the Auditors 
and Treasurers, examine said reports, the accounts, and proceedings of 
said oflScers in relation to said funds, and the revenue derived from 
them. They shall compare with said reports, the cash, the notes, mort- 
gages, records, and books of said officers, with a view to ascertain the 
amount of said funds and' their safety ; and to do whatever may be 
necessary to secure their preservation and the prompt payment of the 
annual interest thereon as the same becomes due ; and make up to said 
funds losses which have accrued, or may accrue. (104) 

1. Lost Funds. If any of the School Fund, principal or interest, is lost, 
the Superintendent of Public Instruction may direct the proper Prosecuting At- 
torney to institute suit against the county for its recovery. — §4413. If suit is 
not brought within one year after cause of action has accrued, the Attorney-Gen- 
eral may bring it.— Acts 1889, p. 124, §9. The Prosecuting Attorney is not au- 
thorized to bring suit at his own iastance. — E. S. 1881, §5864. See also §4326, 
note 2. 

2. Suit. An action may be brought in the name of the State on relation of 
the Board of County Commissioners to recover Congressional School Funds. — 
Groves v. State, 9 Ind. 200; Butler Eogers i). Gibson, 15 Ind. 218. 



46 SCHOOL LAW OF INDIANA. 

4400. Board's Report. Each Board of County Commissioners, 
at said session, shall make out a report, in writing, of the result of such 
examination, showing — 

First. The amounts of said funds at the close of last year. 

Second. The amount added from sale of land within the year. 

Third. The number of acres of unsold congressional township school 
lands, and the approximate value thereof. 

Fourth. The amount added from fines and forfeitures. 

Fifth. The amount added by the Commissioners of the Sinking Fund. 

Sixth. The amount added from all other sources. 

Seventh. The total amount of the funds. 

Eighth. The amount refunded within the year. 

Ninth. The amount reloaned within the year. 

Tenth. The amount safely invested. 

Eleventh. The amount unsafely invested. 

Twelfth. The amount uninvested. 

Thirteenth. The amount of fund lost since 1842. 

Fourteenth. The amount of interest collected within the year. 

Fifteenth. The amount of interest delinquent. 

And in such report, said Board shall distinguish between the Con- 
gressional Township Fund and the Common School Fund ; and in its 
account of the interest or revenue derived from said funds, it shall observe 
the same distinction. (105) 

1. Unsafe Investments. Commissioners are not justified in reporting 
money as safely invested on the ground that the county is liable for the funds in- 
trusted to it, and therefore the State can suffer no loss. If any money has been 
loaned on personal security it should be reported as unsafely invested, such loans 
being contrary to law. — ?4370, note 2. 

2. Clause 13. Clause 13 of the above section is obsolete. — LaFollette, Supt. 
Pub. Inst. 

4401. Disposition of Report. Such report shall be entered on 
the records of said Board ; and copies thereof, signed by the members 
of the Board, the Auditor, and Treasurer, shall be transmitted to the 
Auditor of State and the Superintendent of Public Instruction. (106) 

4402. Apportionment of Loans. Where the whole of the school 
funds of a county have been loaned, the Auditor shall apportion to 
each congressional township a sufficient number of mortgages to cover 
the principal of its Congressional Township Fund ; and where a part of 
the school funds only are loaned, the Auditor shall so apply a propor- 
tional amount ; and the cash on hand, when loaned, shall be for the 
benefit of the congressional townships, respectively, to the amount of 
the entire principal of its Congressional Township Fund ; and in all 



SCHOOL LAW OF INDIANA. • 47 

loans made after the taking effect of this act, the note and mortgage 
shall specify the particular fund borrowed. (152) 

1. Note. This section prescribes the manner of carrying out the provisions 
■ of §4327, and should have been placed after it in the Revised Statutes. If in any 
instance its provisions have not been complied with, it is still in force and must 
be obeyed. 

[1879 S. p. 102. Approved and in force March 29, 1879.] 

4403. Miscellaneous School Fund Account. It shall be the 
duty of the Auditor in each county to open an account with the Con- 
gressional Township School Fund, to be styled the "Miscellaneous 
School Fund Account." He shall transfer to said account, from each 
township account, all sums on hand at any time when a loan is solicited 
(provided the aggregate sums will equal the amount sought to be 
borrowed), and may lend such combined sums in one loan; which loan 
shall be numbered in consecutive order, and the securities shall each 
and all be indorsed with the number as " Miscellaneous Loan No. — ," 
as the number may be ; and he shall enter in the miscellaneous account, 
on the debit side, separately, the sums taken from the account of the 
several townships, so as to show the corresponding number of the loan, 
and credit the several township accounts with the same sum and the 
like number of loan. Thence on, as interest accrues and is paid in on 
such loan, he shall debit the several township accounts with the _pro rata 
portion of such interest accruing to each ; and when such loan is paid, 
he shall distribute back to the township accounts the several sums orig- 
inally transferred from each, and debit the miscellaneous account ac- 
cordingly, and bsilance and close said account as to said loan. In all 
the entries throughout, he shall keep each entry identified by the proper 
nmmber belonging to that loan, and so of each combined miscellaneous 
loan, as contemplated in this act. (1) 

4404. Distribution and Report. In all cases where distribution 
is made of the school funds under the law now in force, it shall include 
all money on hand, or which, according to law, should be on hand, not 
exceeding the interest on loans for one year, which shall be distributed 
in full, and no portion shall be omitted or retained ; and the report 
made by the Auditor shall show fully the amount actually on hand, as 
required and contemplated by law, and show the distribution of the 
same in full. (2) 

4405. Penalty Against Auditor. If any Auditor fail or refuse 
to distribute and report such fund in full, as required by this act, he 
ishall be liable to an action on his official bond. The Superintendent of 



48 SCHOOL LAW OF INDIANA. 

Public Instruction shall direct that action be brought upon the official- 
bond of such defaulting Auditor, and the Prosecuting Attorney of the 
proper county shall bring such action. On finding against such Auditor, 
judgment shall be entered for the sum so omitted by him to be distrib- 
uted, with damages of twenty per centum thereon, which shall be for 
the use and benefit of the fund so omitted to be distributed. (3) 



ARTICLE n— ADMINISTRATION. 

[1865, p. 3. Approved and in force March 6, 1865.1 

4406. Superintendent of Public Instruction. There shall be 
elected by the qualified voters of the State, at a general election, a State 
Superintendent of Public Instruction, who shall hold his office for two 
years. (119) 

1. Term. The State Superintendency being a constitutional office, the length 
of the term can not be changed by legislation. — K. S. 1881, §189. 

4407. Commencement of term — Oath. His official term shall 
commence on the fifteenth day of March succeeding his election. He 
shall take and subscribe the oath prescribed by law ; which proceeding 
shall in all things conform to the law relative to the oaths of public 
officers. (120) 

1. Oaths of office. Every officer under the Constitution must take sucb 
an oath before entering upon his duties. — R. S. 1881, §226. 

4408. Duties — Oliice — Clerks. The Superintendent shall be 
charged with the administration of the system of public instruction and 
a general superintendence of the business relating to the common schools 
of the State, and of the school funds and school revenues set apart and 
appropriated for their support. A;^ suitable office shall be furnished for 
him, at the seat of government, in which the books, papers, and effects 
relating to the business of said office shall be kept ; and there he shall 
give reasonable attendance to the business and duties of the office. He 
shall render an opinion, in writing, to any school officer asking the same, 
touching the administration or construction of the school law. He is 
hereby authorized to employ two clerks for said office, to be paid as the 
clerks of the office of the Auditor of State are paid ; and the sum of 
eighteen hundred dollars is hereby annually appropriated for that pur- 
pose. (121) 



SCHOOL LAW OF INDIANA. 49 

1. Legislattjee's Duty. It is the duty of the General Assembly to pre- 
scribe the general sphere of the State Superintendent's activity, and to provide 

:suitable compensation for him. — R. S. 1881, §189. 

2. Opinions. He ia not bound to give opinions except to school officers — that 
is county auditors, county treasurers and superintendents, township trustees, school 
directors, and. school trustees of towns and cities. But the courtesy of Superin- 
tendents has established the custom of answering questions touching the construc- 
tion and administration of the school laws, for all who need such information. 

3. His opinions not a defense. For it has been held that depositing funds 
in a solvent bank, by advice of State and county superintendents and county board, 
if loss result, is no defense to the trustee depositing. — Inglis v. State, 61 Ind. 212. 

4. His opinion entitled to great weight. When a law admits of differ- 
ent constructions, it is well settled that the usage under it and the practical con- 
struction of it for a series of years, is entitled to great weight, and sometimes may 
be decisive. — Appeal of Cottrell, 10 R. I. 615. 

4409. Report to GOYernor. In the month of January in each 
year in which there is no regular session of the General Assembly, he 
shall make a brief report, in writing, to the Governor, indicating, in 
general terms, the enumeration of the children of the State for common 
school purposes, the additions to the permanent school fund within the 
year, the amount of school revenue collected within the year, and the 
-amounts apportioned and distributed to the schools, (122) 

4410. Report to Oeneral Assembly. At each regular session of 
the General Assembly, on or before the fifteenth day of January, said 
Superintendent shall present a biennial report of his administration of 
the system of public instruction, in which he shall furnish a brief 
exhibit — 

First. Of his labors, the results of his experience and observation as 
to the operation of said system, and suggest the remedy for observed 
imperfections. 

Secoiid. Of the amount of the permanent school funds, and their 
general condition as to safety of manner of investment ; the amount of 
revenue annually derived therefrom, and from other sources ; estimates 
for the following two years ; and the estimated value of all other prop- 
erty set apart or appropriated for school purposes. 

Third. Of such plans as he may have matured for the better organi- 
zation of the schools, and for the increase, safe investment, and better 
preservation and management of the permanent school funds, and for 
the increase and more economical expenditure of the revenue for tuition. 

Fourth. He shall present a comparison of the results of the year then 
•closing with those of the year next preceding, and, if deemed expedient, 
of years preceding that, so as to indicate the progress made in the 
business of public instruction. 



50 SCHOOL LAW OF INDIANA. 

Fifth. He shall furnisli such other information relative to the systemi 
of public instruction — the schools, their permanent funds, annual reve- 
nues, etc. , as he may think to be of interest to the General Assembly. 

He shall append to said report statistical tables, compiled from the 
materials transmitted to his office by the proper officers, with proper 
smmmaries, averages and totals appended thereto. He shall append a 
statement of the semi-annual collections of school revenue, and his 
apportionment thereof; and, when he deems it of sufficient interest to 
do so, he shall append extracts from the correspondence of school officers, 
tending to show either the salutary or defective operation of the system 
or of any of its parts ; and shall cause ten thousand copies to be printed 
and distributed to the several counties of the State. (123) 

4411. Duties. He shall visit each county in the State at least 
once during his term of office, and examine the Auditor's books and 
records relative to the school funds and revenues, with a view to ascer- 
tain the amount and the safety and preservation of said funds and rev- 
enues ; and for that purpose, he shall have access to, and full power to 
require for inspection the use of the books and papers of the Auditor's 
office. Whenever he may discover that any of the school funds are un- 
safely invested and unproductive of school revenue, or that any of the 
school revenues have been diverted from their proper objects, he shall 
report the same to the General Assembly. He shall meet with such 
school officers as may attend his appointment, counseling with the teach- 
ers, and lecturing upon topics calculated to subserve the interests of 
popular education. (124) 

1. Visits. The Superintendent should hold himself in readiness to attend 
teachers' institutes whenever called upon. But it must be remembered that there 
are ninety-two counties in the State, and that with so many labors to perform in 
the office it will be impossible to spend much time in each county. Every teacher 
of our public schools is required to meet him at the time of such visitations, and 
the time lost in such cases shall not have to be made up by the teacher. — Fletcher, 
Supt. 

4412. Trayeling expenses. He shall receive, for traveling and 
other expenses while traveling on the business of the department, a sum 
not exceeding six hundred dollars per annum ; and an appropriation of 
that amount is hereby made for that purpose, annually. (125) 

4413. Superyision of school funds. He shall exercise such su- 
pervision over the school funds and revenues as may be necessary to as- 
certain their safety, and secure their preservation and application to the 
proper object ; and cause to be instituted, in the name of the State of 
Indiana, for the use of the proper fund or revenue, all suits necessary 



SCHOOL LAW OF INDIANA. 51 

"for the recovery of any portion of said funds or revenues. It is hereby 
made the duty of the proper Circuit Prosecuting Attorney to prosecute 
all such suits at the instance of the Superintendent, and without charge 
against said funds or revenue. (126) 

1. See §4400, note 2. 

2. May Employ Attoeney. This section and §5611, E. S. 1881, authorize 
the State Superintendent and Auditor of State to employ an attorney to collect a 
claim due the School Fund, and their contract in this behalf is the contract of the 
State.— State v. Sims, 76 Ind. 328. 

4414. May require reports. He may require of the County Au- 
ditors, County Superintendents, County Treasurers, Trustees, Clerks, 
-and Treasurers, copies of all reports required to be made by them, and 
all such other information in relation to the duties of their respective 
offices, so far as they relate to the condition of the school funds, rev- 
enues, and property of the common schools and the condition and man- 
agement of such schools, as he may deem important. (127) 

4415. Blanks and forms. He may prepare, and transmit to the 
proper officers, suitable forms and regulations for making all reports, and 
the necessary blanks therefor, and all necessary instructions for the 
better organization and government of common schools, and conducting 
all necessary proceedings under this act. (128) 

4416. Forms of book-keeping. Forms and modes of book-keep- 
ing shall, from time to time, be prescribed for County Auditors and 
County Treasurers by the State Superintendent of Public Instruction. 
(102) 

4417. Shall publish school laws. He shall cause as many copies 
of the acts of the General Assembly in relation to the common schools 
or the school funds, with necessary forms, instructions, and regulations, 
to be from time to time printed and distributed among the school town- 
ships as he shall deem the public good requires. (129) 

4418. Journals, etc., to libraries. He shall supply each common 
school library with the Legislative and Documentary Journals, and the 
acts of each session of the General Assembly, and his own annual 
reports. At the expiration of his term of office he shall deliver to his 
successor possession of the office, and all books, records, documents, 
japers, and other articles pertaining or belonging to his office. (130) 



62 SCHOOL LAW OF INDIANA. 

[1875, p. 130. Approved February 25, 1875, and in force August 24,1875.] 

4420. State Board of Education. The Governor of the State,, 
the State Superintendent of Public Instruction, the President of the- 
State University, the" President of Purdue University, the President of" 
the State Normal School, and Superintendents of common schools of the 
three largest cities in the State, shall constitute a board, to be denom- 
inated the Indiana State Board of Education. The size of the cities 
shall, for this purpose, be determined by the enumeration of children 
for school purposes, annually reported by County Superintendents to 
the Superintendent of Public Instruction. The Superintendent of Pub- 
lic Instruction shall, ex officio, be President of the Board ; and in his ab- 
sence the members present shall elect a President pro tempore. The 
Board shall elect one of its members Secretary and Treasurer, who shall 
have the custody of its records, papers and effects, and shall keep 
minutes of its proceedings : Provided, That such records, papers, ef- 
fects and minutes shall be kept at the office of the Superintendent, and 
shall be open for his inspection. The said Board shall meet upon the 
call of the President or a majority of its members, at such place in the 
State as may be designated in the call ; and shall devise, adopt and pro- 
cure a seal, on the face of which shall be the words, "Indiana State 
Board of Education," and such other device or motto as the Board may 
direct — an impression and written description of which shall be recorded 
on the minutes of the Board and filed in the office of the Secretary of 
State ; which seal shall be used for the authentication of the acts of the 
Board and the important acts of the Superintendent of Public Instruc- 
tion. (153) 

1. Note. When first created in 1852 the Board consisted of the Superintend- 
ent of Public Instruction and the Governor, Secretary, Treasurer and Auditor of 
State. In 1855 the Attorney-General was added. It remained merely a board of 
State officers, but little interested in or conversant with educational affairs, and 
exerting no appreciable influence, till 1865, when the membership was constituted 
as at present, except the President of Purdue University, who was added in 1875. 
As a board of professional educators, independent of politics, it has been a valu- 
able agent in our educational progress. 

[1865, p. 3. Approved and in force March 6, 1865.1 

4421. Duties and powers. Said Board, at its meetings, shall 
perform such duties as are prescribed by law, and may make and adopt 
such rules, by-laws and regulations as may be necessary for its own_ 
government, and for the complete carrying into effect the provisions of 
the next section of this act, and not in conflict with the laws of the State. 



SCHOOL LAW OF INDIANA. 53 

•and shall take cognizance of such questions as may arise in the practical 
-administration of the school system not otherwise provided for, and duly 
consider, discuss, and determine the same. (154) 

1. Examination questions. B7 virtue of the considerable power conferred 
by the authorization to take cognizance of matters not otherwise provided for, the 
Board prepares questions for the examination of teachers, and prescribes the time 
and manner of their use by the County Superintendents. This work received 
legislative recognition in 1883 by the enactment of the next section. 

2. County Supebintendent. It is the duty of the County Superintendent 
•to carry out the instructions of the State Board and State Superintendent. — §4429. 

3. The State Board appoints the Trustees of the Indiana University.^ — §4565. 

4. The State Board a Board of School Book Commissioners for the adoption 
of text-books.— §4421 b. 

5. The adoption of text-books is legislatiTe and not judicial, and can not be 
reviewed on certiorari. People v. Oakland Board, 54 Cal. 375. 

[1883, p. 81. Approved March 3, 1883, and in force June 5, 1883.] 

4421 a. Traffic in questions. Whosoever shall sell, barter, or 
give away, to applicants for license, or to any other person, the questions 
prepared by the State Board of Education, to be used by County Super- 
intendents in the examination of teachers, or in any way dispose of said 
questions contrary to the rules prescribed by said State Board of Educa- 
tion, shall be deemed quilty of a misdemeanor ; and on conviction, shall 
be fined in any sum not less than ten, nor more than two hundred 
dollars. (1.) 

[1865, p. 3. Approved and in force March 6, 1865.J 

4422. State certificates. Said Board may grant State certificates 
of qualification to such teachers as may, upon a thorough and critical 
examination, be found to possess eminent scholarship and professional 
ability, and shall furnish satisfactory evidence of good moral character. 
They shall hold stated meetings, at which they shall examine all appli- 
cants, and those found to possess the qualifications herein above named 
shall receive such certificate, signed by the President of the Board, and 
impressed with the seal thereof; and the said certificate shall entitle the 
holder to teach in any of the schools of the State without further exam- 
ination, and shall also be valid during the life-time of said holder, unless 
revoked by said Board. Each applicant for examination shall, on 
making application, pay to the Treasurer of the Board five dollnrs as a 
fee. (155) 

PEOFESSIONAL AND LIFE STATE LICENSES. 

Examinations for these licenses are conducted by the County Superintendents 
in the months of February, March and April. 

The February list embraces the following subjects: Arithmetic, Geography, 
lEnglish Grammar, Physiology, U. S. History and Beading. 



54 SCHOOL LAW OF INDIANA. 

Subjects for March : Algebra, Civil Government, American Literature^,. 
Science of Education, and two of the following three subjects — Elements of Physics, 
Elements of Botany, and Latin (Latin Grammar, two books of Csesar, and two of 
Virgil). 

Subjects for April : Geometry, Rhetoric, General History, English Literature 
Physical Geography, and two of the following three subjects — Chemistry, Geology 
and Zoology. 

The following requirements govern the application for Professional and Life 
State Licenses: 

1. Applicants for Life State License must have taught school forty-eight 
months, of which sixteen shall have been in Indiana. Before entering upon the 
examination, they shall present to the County Superintendent satisfactory evi- 
dence of good moral character and professional ability, and pay five dollars each 
(the fee prescribed by law), which can in no case be refunded. 

2. A person holding a thirty-six months' license shall be exempt from the 
February list and may receive a Life State License by passing on the March and 
April lists. 

3. To be eligible to Professional License the applicant must have held and 
taught thereon, two thirty-six-month licenses, covering a period of not less than, 
five years immediately preceding the examination. 

4. Applicants for Professional License will take the March examination only. 

5. No fee is required of applicants for Professional License. 

6. A license will be granted to those who make a general average of seventy- 
five per cent., not falling below sixty per cent, "in any subject, and who present satis- 
factory evidence of professional ability and good moral character. 

7. An applicant for a Life State lAeense who shall fail in the examination for 
the same, but who has met all the requirements of a Professional License, shall re- 
ceive such license, or if he reaches the required average for a Professional License, 
but falls below the standard per cent, in one subject, he may be conditioned in 
such subject, and may be granted a Professional License on the same conditions 
as if he had originally applied for a license of this class. 

8. An applicant is "conditioned," that is, he may complete the work at the 
next regular examination, if he reaches the required general average and passes 
successfully upon all the branches except one, required for the license applied for. 
A statement setting forth this fact will be furnished such "conditioned" applicant, 
who must present the same to the County Superintendent, who will forward it 
with the manuscript to this Department. — Order of State Board, January 17, 1893. 

9. See section 4425 and notes. 

[1873, p. 68. Approved and in force March 8, 1873.] 

4423. Pay and mileage of Board. The members of said Board, 
other than the Governor and State Superintendent of Public Instruc- 
tion, shall be entitled to receive for their services, while actually en- 
gaged in the duties of their office, five dollars per day and five cents per 
mile necessarily traveled while so engaged ; which amount shall be cer- 
tified by the Board to the Auditor of the State, who shall draw his warrant 
therefor, payable out of the general fund, which sum shall be re-imbursed- 



SCHOOL LAW OP INDIANA. 55 

to the general fund by the treasurer of the Board paying into it that 
amount out of the money received by him as fees for certificates ; and if 
there be any residue of money received as such fees, it shall be ex- 
pended by the Superintendent of Public Instruction in the purchase of 
suitable books for an office library. Said Board shall be allowed the 
necessary expenses incurred in the discharge of the duties required of 
the same, for clerk hire, postage, etc. ; which expenses shall be paid as 
the expenses of the members of the Board are paid. (156) 

1. Appeopeiations. The requirement that the Auditor of State shall, upon 
the certificate of the Board, draw his warrant on the general fund for the expenses 
specified, amounts to a continuing appropriation therefor, which, however, is tem- 
porarily suspended when an appropriation is made therefor in the biennial appro- 
priation bill. — Hord, Atty.-Gen. 

[1895, p. 208. Approved and in force from March 9, 1895.] 

4424. County Superintendent. The Township Trustees of the 
several townships of each county shall meet at the ofiice of the County 
Auditor of such county, on the first Monday of September, 1895, and 
biennially thereafter, and appoint a County Superintendent, who shall 
be a citizen of such county, whose official term shall expire as soon as 
his successor is appointed and qualified ; who, before entering upon the 
duties of his office, shall take and subscribe an oath that he will faithfully 
perform his duties as such officer accoi'ding to law, which oath shall be 
filed with the County Auditor. He shall execute a bond, with freehold 
surety to the approval of the County Auditor, payable to the State of 
Indiana, in the penal sum of one thousand dollars, conditioned that he 
will faithfully discharge his duties according to law, and faithfully account 
for and pay over to the projDer persons all money which may come into 
his hands by reason of his office ; and, thereupon, the County Auditor 
shall report the name and postoffice address of the person appointed to 
the Superintendent of Public Instruction : Provided, however, That the 
Board of County Commissioners shall have power to dismiss any County 
Superintendent for immorality, incompetency, or general neglect of duty, 
or for acting as agent for the sale of any text-book, school furniture, or 
maps ; but no County Superintendent shall be dismissed without giving 
him written notice, under the hand and seal of the Auditor, ten days 
before the first day of the term of the Court of Commissioners at which 
the cause is to be heard. But the said notice shall state the charges 
preferred against the Superintendent, the character of the instrument in 
which they are preferred (whether a petition, complaint, or other writ- 
ing), and the names of those preferring the same. The duties required 
of the School Examiner by any act shall hereafter be performed by the 



56 SCHOOL LAW OF INDIANA. 

County Superintendent. Whenever a vacancy shall occur in the office 
of County Superintendent, by death, resignation or removal, the said 
Trustees, on the notice of the County Auditor, shall assemble at the 
office of such Auditor, and fill such vacancy for the unexpired portion of 
the term in the manner herein provided ; and the County Auditor shall 
be clerk of such election in all cases, and shall cast the deciding vote in 
case of a tie, and shall keep the record of such election in a book to be 
kept for that purpose. (33) 

1. Amendment Void. The act of March 9, 1875, attempting to amend this 
section, and §4427, 4429 and 4433, is unconstitutional and void. — The Board v. 
Smith, 52 Ind. 420; State v. Harrison, 67 Ind. 71. 

2. QtJOBTiM FOB, Appointment. A majority of all the Township Trustees of 
the county is a quorum for the appointment of a superintendent, and the person 
receiving the votes of a majority of that majority is elected. — Michener, Atty.-Gen. 

The County Auditor, not being a member of the body, can not be counted in 
determining whether or not a quorum is present. An election by less than a 
quorum is void. — State v. Porter, 113 Ind. 79; State v. Edwards, 114 Ind. 581. 

3. Meeting op trustees. The Trustees meet for a regular appointment by 
command of the statute, not by virtue of the Auditor's call, but it is proper for the 
Auditor to notify them of tjie time of the meeting. On the occurrence of a 
vacancy the Auditor notifies the Trustee^ of the fact and fixes the day for them to 
assemble to fill it. — Holeombe, Supt. 

The Trustees, having failed to appoint a Superintendent on the day fixed by 
law, adjourned sine die, and afterward, on call of the Auditor, met and made an 
appointment. ' But such action was held to be invalid and of no effect. — State v. 
Harrison, 67 Ind. 71. Yet had the Trustees adjourned from day to day, an appoint- 
ment made at such adjourned meeting would probably have been valid; and pos- 
sibly after adjournment sine die, a mandamus might have issued to compel a re- 
assembling to perform the omitted duty. — Sacket v. State, 74 Ind. 487. 

4. Mode of Election. The Auditor has a right to act as the clerk of the 
Board of Election, keep a record of the same, and give the casting vote in case of 
a tie. The Trustees have the right of controlling the manner of the election. 
The Auditor's declaring a person elected does not amount to anything ; he has no 
right to make such declaration. It is the duty of the Board of Trustees to do 
that, and until they finally settle the matter a member has a right to vote. The 
appointment has very few elements of a popular election about it. The law simply 
provides that the Township Trustees shall appoint, and says nothing about the 
manner in which the appointment shall be made. Any mode that they may adopt 
by which they can arrive at the expression of the wish of the majority is sufficient 
to designate the person to be appointed, and there is nothing binding until 
there is a final determination of the subject by the Trustees. — State v. Kilroy, 86 
Ind. 118. 

If an election results, and is duly declared, the right of the person elected is 
consummated; he can not be deprived of his office by the subsequent action of the 
Board. — 3fichener, Atty.-Gen. 

5. Casting Vote. The County Auditor is clerk of the election, and gives 
the casting vote in case of a tie, in regular elections as well as in those held to fill 
vacancies. — Holeombe, SupL 



SCHOOL LAW OF INDIANA. 57 

A tie means that two opposing candidates have each an equal number of 
votes. An equal division on a motion to appoint a candidate to the office is not 
such a tie as entitles the Auditor to Vote. — Baldwin, Atty.-Gen. See note 19. 

6. Who Eligible. To be eligible to the county superintendency a person 
must be a bona fide resident and elector of the county. — R. S. 1881, §154. 

He must have been an inhabitant of the county during one year preceding 
his appointment, but it is not essential that he should have been a citizen or 
elector for so long. — State v. Kilroy, 86 Ind. 118. 

Women are held to be ineligible. — §4540, note 1. 

7. Recognition by State Superintendent. It is made the duty of the 
County Auditor to report to the Superintendent of Public Instruction- the name 
and address of the person appointed. That is the means provided by law for in- 
forming the State Superintendent who has been appointed, and he has no power 
to decide upon the validity of an election on information furnished from other 
sources, evidence aliunde. That is a question for the courts. — Holcombe, Supt. 

8. Disputed election. The qualifying of the appointee consists la the exe- 
cution and acceptance of the required bond, and taking and subscribing the oath 
of office. A person who has received the certificate of appointment and taken the 
above action is County Superintendent, at least de facto. If the validity of the 
appointment is disputed, the issues may be joined by an action to replevin the 
records and properties of the office or by a writ of quo warranto against one of the 
claimants. — Holcombe, Supt. See note 22. 

9. Appeal on dismissal — Superintendent can not serve while appeaIj 
18 PENDING. An appeal lies to the Circuit Court from a decision of County Com- 
missioners dismissing a Superintendent from office. While such appeal is pending, 
the person dismissed can not act as Superintendent, but a successor may be ap- 
pointed, and will hold for the unexpired term, unless the person dismissed is re- 
instated by the Court. See Walls v. Palmer, 64 Ind. 493, and Matthews v. Chase, 
41 id. 357. — Baldwin, Atty.-Gen. See also J. M. & I. Ey. v. McQueen, 49 Ind. 64. 

10. Office. The County Commissioners are not required to furnish the 
County Superintendent with an office, nor are they liable to him for the use of his 

<own office as such Superintendent. Board of Com. v. Axtell, 96 Ind. 384. 

11. Length of term. A County Superintendent, properly elected and 
qualified, holds his office until his successor is elected and qualified. State v. 
Sutton, 99 Ind. 300. 

12. Record of election. The record of a Superintendent's election, made 
by the County Auditor, is prima facie correct, and is prima facie evidence of such 
election. State v. Sutton, 99 Ind. 300. 

13. Election by ballot. When the Township Trustees agreed that the elec- 
tion of a Superintendent shall be by secret ballot, the election will be determined 
by the b.allots actually cast, and in a suit regarding the validity of such an elec- 
tion the ballots are the best evidence, but when they have been lost, it is proper 
for the jury or Court to consider the testimony of Trustees who cast the ballots, 
and of those who counted them and announced the result. State v. Sutton, 99 
Ind. 300. 

14. Acquiescence in election. Where the Trustees agreed that the elec- 
tion should be by ballot, adhered to that mode throughout, and at the time the 
result was announced supposed the result was correctly announced, it was held 
that an adjournment without an objection was not an acquiescence in the result, 



58 SCHOOL LAW OF INDIANA. 

and that such action did not amount to an acquiescence in the result. State v. 
Sutton, 99 Ind. 300. Without, however, regard to whether the votes of a majority 
of all the school Trustees are necessary to the valid appointment of a County 
Superintendent, where such Trustees recognize the appointment as valid and the 
appointee qualifies and enters upon the duties of the office with the acquiescence 
of all others, he may compel his predecessor to deliver the records of the office to 
him. McGee v. State, 103 Ind. 444. 

15. Mandamus. Mandamus is the proper remedy to compel a Superin- 
tendent to turn over the records and furniture of the office to his successor. Mc- 
Gee V. State, 103 Ind. 444. 

16. Resignation. Where, without notice of the withdrawal of a resignation 
previously made, the time arrives for it to take affect, and a successor to the in- 
cumbent is duly appointed, no formal acceptance of such resignation is necessary 
to deprive such incumbent of title to the office. McGee v. State, 103 Ind. 444. 

17. Eegularity of appointment. One can not contest the regularity of 
the appointment of a successor, who has become invested with an apparant title, 
by refusing to surrender the records of the office. McGee v. State, 103 Ind. 444. 

18. Voting for himself. A Township Trustee can not vote for himself, 
and if he does, his vote is void. A failure of the Trustees voting for other candi- 
dates to make further objections after the presiding officer has announced the re- 
sult of the election, can not be taken to be either an implied or informal vote in 
favor of the officer who voted for himself. Hornung v. State, 116 Ind. 458. 

19. Trustees present and not voting. There were eight Trustees, all 
there were in the county, present. Four voted for A, and the other four declined to 
vote. The chairman announced that the vote was a tie, and the Auditor then 
voted for A., and the chairman declared him elected; A. qualified and demanded 
the office. It was decided that he was duly elected; that there was a quorum 
present; that he received the votes of all those present and voting, which was a 
majority of the number necessary to constitute a quorum, and that he received the 
necessary number without the vote of fhe Auditor, who would only be entitled to 
vote in case of a tie. State v. Drummond, 125 Ind. 65. 

20. Auditor voting. Township Trustees met at the time required by statute, 
several ineffectual votes were taken, and on the last ballot one-half of the Trustees 
voted for E., and the others voted blanks. A resolution was then offered declaring 
that E. be appointed. The vote on this resolution was evenly divided for and 
against it. The Auditor then gave a casting vote for the resolution and a certificate 
of election was issued to E. It was held that the election of E. was void. States. 
Edwards, 114 Ind. 581. But this case has been modified by the case cited in 
note 19. 

21. Organizing board. If the Trustees meet and proceed to organize as a 
board, if there is a tie on chairman, the Auditor may give the casting vote. — 
Michener, Atty.-Oen. 

22. Officer de jure. When a new Superintendent is elected and qualified 
all acts of his predecessor are void which are performed thereafter. — Hard, Atty.- 
Gen. 

23. City and town boards. The President of City and Town School Boards 
can not participate in the election of a County Superintendent. — Hord, Atty.-Oen. 

24. Filing bond. Mere failure to file the bond within the time required by 
law does not render the office vacant. Board of Com. v. Johnson, 124 Ind. 145. 



SCHOOL LAW OF INDIANA. 59 

And the Auditor can not refuse to approve the bond on the ground that the 
^Superintendent was corruptly elected. State v. Board of Com., 124 Ind. 554. 

25. County commissioners should not discriminate against any county 
OFFICER. It is asked if County Commissioners can be compelled to provide an 
office for the County Superintendent. Technically, probably County Commission- 
ers could not be compelled to do any discretionary act. As guardians of the pub- 
lic welfare they ought, however, to provide properly for all public necessities. 
The County Superintendent's office is a public necessity, and ought to be provided 
for by the Commissioners. 

The Supreme Court, in Board v. Axtell, 96 Ind. 384, said: "The County Com- 
missioners are not required [by statute] to furnish the County Superintendent an 
office." The Commissioners are not required by statute to furnish the Sheriff an 
office or a residence. Yet every county in the State does furnish the Sheriff an 
office, and all the counties in the State except three furnish the Sheriff a residence. 
These three are preparing to furnish a residence for the Sheriff. This is all proper 
and legal. It is not commanded by statute. It is discretionary with them. 

In discussing their discretionary powers in the Board of Commissioners of 
Franklin County v. Bunting, 111 Ind. 143, the Supreme Court said: "That the 
Board is invested with very extensive discretionary powers in the management of 
county affairs can not be doubted. The discretion vested in it is comprehensive 
enough to authorize it to build a Sheriff's residence in connection with the county 
jail, for such an act is within the scope of its authority." 

Section 5748, R. S. 1881, says what offices shall be provided. 

The Commissioners are abundantly warranted by the law in providing the 
County Superintendents with an office. — Varies, Su-pt. 

26. When may be removed. A County Superintendent may be removed 
at a special term of the Board of Countv Commissioners. Hufford v. Conover, 38 
N. E. Rep. 328. 

[1893, p. 142. Approved and in force May 18, 1893.J 

4425* Said County Superintendent shall examine all applicants for 
license as teachers for the common schools of the State by a series of 
written or printed questions, requiring answers in writing, and in addi- 
tion to the Said questions and answers in writing, questions may be asked 
and answered orally, and if, from the ratio of correct answers and other 
evidences disclosed by the examination, the applicant is found to possess 
a knowledge which is sufficient, in the estimation of the County Super- 
intendent, to enable said applicant successfully to teach, in the common 
schools of the State, orthography, reading, writing, arithmetic, geogra- 
phy, English grammer, physiology and the history of the United States, 
and to govern such school, said County Superintendent shall license said 
applicant for the term of six months, twelve months, twenty-four 
months, or thirty-six months, according to the ratio of correct answers 
and other evidences of qualifications given upon said examination, the 
standard of which shall be fixed by the County Superintendent ; and in 
examining persons for positions to teach in graded schools in cities and 
towns, the County Superintendent may take into consideration the 
.special fitness of such applicants to perform the services required of 

6 — School, Law. 



60 SCHOOL LAW OF INDIANA. 

them, and shall make, on the licenses issued to such applicants, a state- 
ment of the kind of work for which they are especially qualified ; and ■ 
all applicants, before being licensed, shall produce to the County Super- 
intendent the proper Trustee's certificate or other satisfactory evidence 
of a good moral character : Provided, That a six months' license shall 
be regarded as a trial license, and that no person who hereafter receives 
a six months' license in any county shall be again thereafter licensed in 
said county unless he obtains a grade which shall entitle him to receive 
at least a twelve months' license : And provided, That any person now 
possessing a thirty-six months' license, whose next consecutive license 
shaU be for a term of thirty-six months, or any person who shall here- 
after receive two licenses in succession each for thirty-six months, may 
receive at the expiration of such several licenses, a license for the term 
of eight years upon such an examination held bythe County Superin- 
tendent as may be prescribed by the State Board of Education, and such . 
license shall issue only upon the' approval of the State Board of Educa- 
tion, and shall be styled a professional license, and shall entitle the holder 
to teach in any of the schools of this State : Provided, That any person 
who has taught for six consecutive years in the common schools of this 
State, and now holds a three years' license to teach therein, or who, having 
previously taught for six consecutive years in said common schools, and 
shall hereafter obtain a three years' license to teach therein, or who has 
heretofore been exempted under this act, shall be forever afterward 
exempt from examination so long as he or she shall teach in the com- 
mon schools of the county in which said three years' license was obtained ; 
but if such person shall, at any time after said exemption accrues, sufier 
a period of one year to pass without having taught one fuU school year 
in the common schools of the county within said period, then said exemp- 
tion shall cease at the option of the County Superintendent; and if 
such person shall, during such exemption, seek employment to teach 
other or higher branches in the common schools of this State than those 
branches which were included in the examination upon which said three 
years' license was issued, then he or she shall be examined in such addi- 
tional branches : Provided, That said County Superintendent be au- 
thorized to issue an exemption license upon proper affidavit or affirma- 
tion of said apj)licant, and that said exemption license be subject to the 
same legal limitations as other licenses issued by said County Superin- 
tendent. 

1. The clause "or who has heretofore been exempted under this act," refers 
to the act of 1889. It is an amendment inserted by the Senate and afterward rati- 
fied by the House, showing that it was the intention of the Legislature that this 
act should have no effect whatever on exemption licenses acquired under the act - 

of 1889.— Fones, Supt. 



SCHOOL LAW OF INDIANA. 61 

2. Under the act of March 2, 1889, the County Superintendent had no legal 
•authority to issue a certificate of the exemption licenses. — Varies, Supt. 

3. The County Superintendent can not be compelled by mandate to issue cer- 
tificates of exemption licenses obtained under act of March 2, 1889. At the Oc- 
tober (1890) term of the Jefferson County Circuit Court teachers sought to compel- 
the County Superintendent to issue certificates of their exemption licenses. On 
submission of agreed statement of the case, Judge Friedly said: "The court 
after due consideration, adjudged upon the facts submitted. That the said teach- 
ers, at the time said act of March 2, 1889, became a law, were valid licensed teach- 
■ers and exempt from examination, under said law, and are still teachers under 
said law, the force and effect thereof being to extend the licenses held by them at 
that time, indefinitely, so long as they shall continue to teach each year, consecu- 
tively, hereafter, in this county. And that it was not obligatory on said County 
Superintendent to issue to said teachers certificates of qualifications, if desired, 
and thereupon j.t is adjudged that said plaintiffs have no cause of action herein 
against said defendant, and that said defendant recover his costs herein." — Vories, 
'Supt. 

4. County Saperintendents are authorized to issue certificates of exemption 
licenses obtained under the act of 1893. But this act does not authorize them to 
issue certificates of exemption licenses obtained under the act of 1889. — Vories, 
Supt. , 

5. Persons holding exemption licenses obtained under the act of 1889 should 
make oath or affirmation, to the Trustee or School Board employing them, that 
they are legally licensed, and, therefore, legally competent to contract as teach- 
ers. — Vories, Supt. 

6. Persons teaching in the common schools of Indiana, under the authority 
■of this statute (section 4425, as amended March 2, 1889), are in nowise dependent 
upon the County Superintendent for their authority, as they do not possess any 
authority granted by him conferring upon them the right to teach. Their author- 
ity to teach springs from the sovereign power of the State, and is both complete 
and independent. It is, as it were, a patent granted to an individual for continu- 
ous meritorious conduct as a public instructor. This patent derives its force and 
authority from the law-making branch of our State Government, in an effort to 
encourage persons to enter into and continue in the profession of school teaching; 
and so long as its ownei prevents it from lapsing, he may use and enjoy it, and 
there is no power to revoke the authority or suspend the right. A person thus 
authorized to teach must deal with the school officers [School Trustees] of his 
county, and all questions of moral fitness of such person to teach in the public 
schools must be settled by such school officers. If the Trustees and School Boards 
desire to employ a person possessed of a statutory right to teach, they alone are 
responsible for the selection, there being no power to supervise or reverse their 

■action. The statute imposes no limitation on the right of School Boards to de- 
cide whether such an applicaHt is a fit person to teach in the common schools over 
which they have jurisdiction. Their power to decide is original and final. The 
responsibility for bad selections rests with the school officers [School Trustees], 
who derive their powers directly from the people, and must account to them for 
their conduct. The County Superintendent has no power to control or revoke 
the right. The right does not spring from him, and the statute creating it does 
not authorize him to grant or suspend it. — A. G. Smith, Atty.-Gen. 



62 SCHOOL LAW OF INDIANA. 

7. Evidence OP CHABACTEB. A superintendent may require evidence of good< 
moral character before the examination commences, and if such evidence is not 
satisfactory, he may refuse to examine the applicant. This is not a wise thing to 
do, however, since, if the question of scholarship were settled, a license might aft- 

'erward be issued on production of satisfactory evidence ; or on an appeal to the 
Superintendent of Public Instruction, the question of moral character alone would 
have to be considered. — Smart, Supt. 

No person who indulges in such immoral practices, as profanity, drunkenness, 
gambling or licentiousness, should be licensed to teach. — Hoss, Supt. 

8. Loss OF CEBTiricATE, ETC. The certificate is only the evidence of a 
license. It follows that if a teacher loses his certificate he remains licensed, and 
should be so treated, provided he can prove the facts. In such cases a duplicate 
certificate may be issued from the Superintendent's record. The failure of an 
applicant upon examination does not affect a license previously issued to such 
applicant, or afford ground for its revocation. — Smart, Supt. But see note 23. 

9. Special fitness. No person shall be admitted to the benefits of the pro- 
vision that " special fitness" shall be considered in the examination of teachers for 
the graded schools of cities and towns, except on presentation of a written request 
of a town or city School Board, with a statement that said Board desires to employ 
said applicant for a certain grade of work named or described, and the expediency 
of complying with such request shall be left to the discretion of the County Super- 
intendent.- — Resolution of County Superintendents' Association, 1883. 

10. Speciai, licenses, a County Superintendent may, upon the request of 
the School Board of a town or city, examine a candidate for the position of teacher 
of German iu the graded schools of such town or city, in such a manner as will 
satisfy him that the candidate is qualified for such work, and issue to the said 
candidate a license to teach the German language as a branch of study in the 
graded schools of a town or city; and the Trustees of said town or city may 
remunerate a person holding such a license for performing the specific services 
thereby authorized out of the common school revenue for tuition. — Holcombe, 
Supt. See §4497, note 5. 

11. Under the provisions of this section it is not entirely plain whether it 
was intended that persons seeking positions in graded schools, because of their 
special fitness to teach music, drawing or penmanship, should hold a license quali- 
fying them to teach in common schools ; but, in view of the construction given this 
section throughout the State in the graded schools, and adopting for myself the 
most liberal construction that can be given to the section, I am of the opinion that 
where School Boards have directed the teaching of music, drawing and penman- 
ship as independent branches in such schools, the only license that should be 
required of such teachers is as to their fitness to teach in such special branches. 

In arriving at this conclusion I have given to the statute the only construction 
which in my judgment will carry into force and effect the real intention of the 
Legislature. 

To construe this act to mean that every professor of music, drawing and 
penmanship or other specialty required to be taught in the graded schools must 
first show himself to be competent to teach all the branches taught in the common 
schools would, in a majority of cases, prevent School Boards from securing the 
very best talent to teach in these special branches. For it is but fair to say that 
those possessing the highest order of skill in special branches are, in most cases, 



SCHOOL LAW OF INDIANA. 63 

disqualified to teach in all the branches required to be taught in the common 
schools of the State. 

And I conclude, therefore, that the Legislature, in authorizing these special 
branches to be taught in the graded schools, did not intend to require of such 
persons other qualifications than their fitness to teach Buch branches. This being 
true, all such persons, when employed to teach such special branches, should be 
paid therefor in the same manner as the other teachers are paid. — A. G. Smith, 
Atty.-Gen. 

12. Illegal Issues of licenses. If a new Superintendent finds that licenses 
have been illegally issued by his predecessor, he should cancel the records and cer- 
tificates thereof, and notify the School Trustees in the county of such action. Be- 
fore taking this action he should carefully investigate the facts, and notify the par- 
ties interested, giving them an opportunity to show that their licenses are valid. — 
Holcomhe, Supt. 

13. Additional Branches. Generally an examination in the enumerated 
branches is sufficient, but when a school district has decided by legal school meet- 
ing, under section 4502, that they desire other or higher branches taught in their 
school, then the Superintendent must examine the applicant on the additional 
branches required by the school meeting. But in case a School Board requires a 
special teacher in a graded school, such teacher should be examined only on what 
he is required to teach. — See note 11. Vories, Supt. 

14. Consecutive licenses. The provision of the law which creates the 
thirty -six months' and eight years' licenses contemplates that they should take efiiect 
consecutively, and not overlap each other in time. A person who has received two 
county licenses of the first grade in succession "may receive at the expiration of 
such several licenses a license for the term of eight years," upon passing a certain 
examination. The intention of the Legislature was to relieve teachers of approved 
skill and ability from the burden of frequent examinations. But the benefits of 
the eight years' professional license are carefully guarded, being extended to those 
persons only who have held consecutively a twenty-four months' license (heretofore 
issued), and a thirty-six months' license, or who shall hold hereafter two thirty- 
six months' licenses in succession. The period of the currency of these two 
licenses is provided as a trial period in which the teacher may gain experience and 
prove his ability, and I think the law should be interpreted as not permitting such 
period to be abridged by granting the second or third license more than thirty 
days before the expiration of the one preceding it. Yet the examination for such 
license may not improperly be held within a reasonable time previous to the expi- 
ration of the preceding one. Licenses, to be consecutive, need not be issued in 
the same county. — Holcombe, Supt.' 

15. Professional licenses. It is ordered that persons who have received 
two county licenses of the first grade, in conformity with the State Superinten- 
dent's opinion on "consecutive licenses" (Note 8, above), maybe admitted within 
one year of the expiration of the second of such licenses to an examination for an 
eight years' professional license, which shall comprise the subjects of elementary 
algebra, elements of physics, elements of botany, grammar, civil government, 
American literature, and the science of teaching. Such examination shall be 
conducted by the County Superintendents in the several counties, upon questions 
prepared by the State Board ; the manuscripts shall be sent to the Board for gra- 
dation, and the certificates granted shall take effect upon the expiration of the 



64 SCHOOL LAW OF INDIANA. 

thirty-six months' licenses held by the persons, receiving them. An examination 
for eight years' licenses is held in March, annually. — Order of State Board, Novem- 
ber 1, 1883. 

16. Miscellaneous. A license may be refused to an applicant on the ground 
of incompetency to govern a school. A license may be issued without the Trustee's 
certificate of character, if the Superintendent is satisfied on the subject. The 
Superintendent is not bound to examine applicants who have no intention to teach 
in the county, as the examinations are not provided for the amusement of novices. 
A license can not legally be antedated, but if antedated it is good from the day 
■when it is issued for the period named on its face.- — Bloss, Supt. 

17. Appeal. If an applicant for a license is not satisfied with the grading 
of his County Superintendent, he may appeal to this department [the Department 
of Public Instruction] ; and if, on the other hand, any patron of a school thinks 
that a teacher thereof has been too liberally graded, the same right of appeal 
exists in such patron as in the applicant for a license. — LaFoUette, Supt. 

18. New list op questions. When an applicant presents himself for the 
"work of the regular examination, it is understood to mean /or the work of that day. 
Should an applicant appear at a subsequent examination, he could not pass upon 
those questions used before ; but would be expected to pass upon a new list of ques- 
tions, which are in the hands of the County Superintendent for that day's use 
only.— LaFoUette, Supt. 

19. Incompetent teacher. A County Superintendent may refuse to license 
a teacher whom he knows to be incompetent to teach. There are two ways that 
such knowledge may come to him : 1st. . From personal visitation and inspection 
of his school work. 2d. From statements made by those in a position to inspect 
such work. — LaFoUette, Supt. 

20. Exemption license. The law expressly says that a teacher must 
teach without interruption after a license is issued to him under the exemption 
•clause of section 4425. The inference is that the six years' teaching done should 
have been done in the six years last past — that is, without any interruption — to 
entitle an applicant to the exemption. The County Superintendent may require 
such evidence of his teaching in other counties as will satisfy him that the teacher 
has done the necessary work, and that he has shown a degree of success sufficient 
to justify the Superintendent in granting the renewal. I, therefore, hold that the 
teaching must have been done in the six years last passed, but that the teaching 
in other counties may be credited, if the County Superintendent is fully satisfied 
that the teaching in other counties has been successful. A Superintendent may 
very properly refuse to issue a license in his own county to one whose success is 
poor. — LaFoUette, Supt. 

21. Examination in two counties. There is nothing in the law directly 
prohibiting a Superintendent from issuing a license upon manuscripts made in 
another county under the supervision of another Superintendent. But the practice 
is not entirely safe, and should be carefully guarded. If the manuscripts are sent 
by the Superintendent of another county, with his certificate that they have been 
fairly and honestly made, and his recommendation of the applicant as to character 
and ability, the Superintendent receiving them may grade them, and if they prove 
satisfactory issue a license to the applicant. — Holcombe, Supt. 

22. Powers of superintendent not judicial— Liability. The County 
Superintendent belongs to the executive department of the government ; he acts 



SCHOOL LAW OF INDIANA. 65 

to neither a judicial nor gMasi-judicial capacity in licensing persons to teach, and 
he has a discretion on the subject of licensing teachers, which is so far analogous, 
to judicial discretion that he is protected from any claim for damages on account 
of any mistake in his decisions, or error in judgment, either in granting or with- 
holding a license. Yet he is liable in damages for maliciously Tvithholding a 
license to teach from an applicant lawfully entitled to receive the same, and he 
will be held to have acted maliciously where he acts either from willful and wicked 
or from corrupt motives. — Elmore v. Overton, 104 Ind. 584. 

23. License and certificate. There is no legal distinction between the- 
granting of a license to teach and the act of issuing a certificate.of that fact. The 
terms are convertible, and the "licensing" implies the issuing to an applicant of 
a written permission to teach in the public schools. — Elmore v. Overton, 104 Ind. 
548. See note. 

24. Principals and high school teachers in town and city schools. 
I think the spirit of the law is fully complied with when high school teachers pass 
examination in such branches and only such as they are required to teach. If an 
applicant is to teach say Latin, Geometry, General History and Physics, I see no 
good reason for requiring him to pass on the "eight common school branches." I 
question whether a teacher can legally draw money from the tuition revenue for 
teaching the high school branches on a common school license. The intention of 
the law clearly is that a teacher's fitness to teach should be tested on what he is- 
required to teach, not on what he is not required to teach. — See note IL Varies, 
Supt. 

25. Discretion. Keasonable discretion of the County Superintendent can. 
not be controlled by the courts. — 11 Ky. L. E.. 486; 52 Iowa 111. 

26. Mandamus. Mandamus will not lie to compel the issuance of a teach- 
er's certificate by the County Superintendent; the Superintendent being vested 
with a discretionary power, the court may compel him to act upon an application, 
but can not control his discretion. Bailey ■;;. Ewart, 52 Iowa 111. The mode 
of procedure in such a case is an appeal to the Superintendent of Public Instruc- 
tion, and if after hearing the case he orders the County Superintendent to issue a. 
certificate, mandamus would lie to compel him to do so. — Varies, Supt. 

27. Town or City Superintendent. A person employed to superintend 
and manage schools need not be a teacher nor have a teacher's certificate. — 81 
Mich. 214. But if he teaches any subject he must have a certificate, otherwise he- 
could not be permitted to teach even though he drew no pay from the tuition rev- 
enue for teaching. — Varies, Supt. 

28. A rule made by the County Superintendent declaring that "No certifi- 
cate is granted for a longer period than twelve months to an applicant who has- 
never taught in this county" is carrying discretionary power to the point of dis- 
crimination, and is unwarranted in law. — Varies, Supt. 

29. Ministerial duty. Mandamus is the proper action to compel an offi- 
cer to perform any ministerial duty, but mandamus will not lie to compel the per- 
formance of any discretionary duty. — 23 Atlantic Eep. 924. 

30. See section 4422 and notes. 



66 SCHOOL LAW OP INDIANA, 



[1865, p. 3. Approved and in force March 6, 1865.] 

4426. May revoke licenses. The County Superintendent shall 
have power to revoke licenses granted by him or his predecessors, for 
incompetency, immorality, cruelty, or general neglect of the business of 
the school ; and the revocation of the license of any teacher shall termi- 
nate his employment in the school which such teacher may have been 
employed to teach. (36) 

1. Pkoceduke. In the revocation of a license, the Superintendent may act 
•upon his own knowledge, or he may proceed upon petition of the patrons. In the 
former case he should make out and record charges and specifications, based on his 
own knowledge, and furnish the teacher a copy thereof, citing him to appear at a 
certain time and answer with such evidence and explanations as he may be able to 
give. The answer and evidence should be made a matter of record, together with 
the finding of the Superintendent. In case a petition for the revocation of a license 
is received from patrons, the Superintendent may dismiss it if the complaints are of 
a frivolous character. A mere petition is not enough. Definite charges and speci- 
fications should be filed with it. When such charges are received, the Superintend- 
ent should fix an early day for the trial, notify the teacher of the pendency of 
charges and furnish him a copy thereof, and notify all parties interested of the 
time and place at which the trial will be held. An accurate record of all the pro- 
ceedings should be made and all papers filed, for use in case of an appeal to the 
Superintendent of Public Instruction. Whenever a license has been revoked, the 
Superintendent should make a record of the fact, and immediately notify all the 
Trustees of the county. — Smart, Supt. 

2. A LICENSE A VESTED KiGHT. A license having once been granted, the 
teacher acquires a proprietary interest in it. It is in one sense property. No 
teacher should be deprived of his license without an opportunity to answer charges 
that may be brought against him, whether by the County Superintendent or 
others. — Smart, Supt. 

3. Eevoking LICENSES AND DISMISSAL OF TEACHERS. The license of a 
teacher guilty of forgery may be revoked; he must, however, be actually guilty 
of the crime, and while an indictment against him is strong evidence of his guilt, 
it is far from conclusive; for on the trial he may be acquitted. The fact that he 
dismissed school to attend his trial, does not authorize his dismissal. The fact 
that many citizens of the vicinity of the school believe he is guilty does not au- 
thorize the revocation of his license nor his dismissal. The fact that his teaching 
tends to lower the moral standard of the schools of the county, and hinder the 
County Superintendent in his efforts to uphold it, does not authorize his dismissal. 
A license can only be revoked for the causes enumerated in section 4426. If a 
majority of those entitled to vote at a school meeting petition the Trustee to dis- 
miss him, the Township Trustee may do so, after due notice and good cause shown. 
A County Superintendent is not liable for revoking a license unless he acted ma- 
liciously. — Michener, Atty- Oen. 

4. Practice. When charges ot incompetency are made against a teacher, 
those making the charges should be required to prove them by the oaths of such 
witnesses as have a knowledge of the facts. If the teacher fail in the government 



V"' 

SCHOOL LAW OP INDIANA. 67 

of his school, or ability to teach falls short of the proper standard, the Superin- 
tendent is justified in revoking the license, if these facts are proved. The exam- 
ination of the teacher in technical school work has been settled by the issuing of 
a license to him. The charges of incompetency should cover that part of the 
teacher's work along the line of the practical or administrative side of his work. 
Observations of the County Superintendent gleaned during his visits is proper evi- 
dence to be considered in passing judgment upon the case. — LaFollette, Supt. 

5. Immorality. ''An act is considered as immoral which is inconsistent 
with rectitude, contrary to conscience, wicked, unjust, dishonest or vicious." — 
Michener, Atty-Gen. 

6. Frequenting saloons, throwing dice for the drinks, and using profane 
language is a sufficient cause for the revocation of a teacher's license. — LaFollette, 
Supt. 

7. The license of a teacher who frequents a place of gambling and takes 
part in the game may be revoked. — LaFollette, Supt. 

8. See note 11, section 4426. 

9. The practice of requiring teachers to surrender their certificates upon 
taking another examination is unwarranted and unlawful. It amounts to a revo- 
cation of the license, which can not be done except upon the orderly procedure in- 
dicated in note 1. — Varies, Supt. 

10. For appeal and appeal bond, see section 4538 and notes. 

11. Revocation of Exemption License. For revocation of exemption 
license obtained under the act of 1889, see section 4425, note 6. 

[1873, p. 75. Approved and in force March 8, 1873.] 

442 7« Examinations — License. TEe County Superintendent 
shall hold at least one public examination in each month in the year in 
his county ; and in no case shall he grant a license upon a private ex- 
amination ; and all licenses granted by him shall be limited to the county 
in which they are granted. (37) 

1. Comments. The day of the examination should be the same in each 
month. If such a day is fixed and adhered to, convenience will be secured to 
teachers and to the public. As the object of the law will not be defeated, but 
rather promoted thereby, it is held that the examiner may hold more than one ex- 
amination each month. An examination will be public in the sense here required 
when it is publicly announced and is held in a public hall or office. — Hoss, Supt. 

2. The publication of notice in a daily or weekly newspaper in the county or 
the posting of notices in the postoffice is sufficient public notice in the sense here 
required. — Vories, Supt. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4428. Record-lbook— Report to State Superintendent. The 

County Superintendent shall provide a blank-book at the expense of 
the county, in which he shall keep minutes of his proceedings, and shall 
deliver said record, and all other books, papers, and property appertain- 
ing to his office, to his successor, and take a receipt therefor. Said Su- 
perintendent shall, in the last week of May, annually, report to the 



^•68 SCHOOL LAW OF INDIANA. 

Superintendent of Public Instruction, the names of the persons to whom 
he has granted license since the last report, for his county ; distinguish- 
ing between those licensed for six, twelve, eighteen, and twenty-four 
months ; giving the number of males, and the number of females, and 
total number licensed ; and the number, but not the names, of appli- 
cants for license who have been rejected ; and the number of licenses 
revoked. (38) 

1. ;Note. — The amendment of the teachers' license law abolished the eighteen- 
months and created a thirty-six-months' license. This section was inadvertently 

. not changed, but the report must be conformed to the new arrangement — §4425. 

2. Parol proof of contents of record. The presumption is that a 
County Superintendent kept a record of his proceedings, which is the best evidence 
of his acts in either granting or refusing a license ; and in an action against him 
for maliciously withholding a license, oral proof of his admissions that he had 
granted a license to the applicant is inadmissible unless it is averred in the com- 
plaint and first shown that he kept no such record as required by the statute, or 
that such record is incorrect. Elmore v. Overton, 104 Ind. 548. 

3. Eecording decision. The decision of the Superintendent is binding, on 
appeal, on the trustee from the time it is given, though not entered in the Super- 
intendent's record until afterwards. Knight v. Woods, 129 Ind. 101. 

[1873, p. 75. Approved and in force March 8, 1878.] 

4429. Greneral duties. The County Superintendent shall have 
i;he general superintendence of the schools of his county. He shall 
attend each Township Institute at least once in each year, when he shall- 
preside at the same and conduct its exercise. He shall visit each school 
of the county at least once each year, for the purpose of increasing its 
usefulness and elevating, as far as practicable, the poorer schools to the 
standard of the best. He shall encourage Teachers' Institutes and 
associations, and shall labor, in every practicable way, to elevate the 
standard of teaching, and to improve the condition of the schools of 
the county. In all controversies of a general nature arising under the 
school law, the opinion of the County Superintendent shall first be 
sought ; whence an appeal may be taken to the State Superintendent, 
on a written statement of facts, certified to by the County Superintend- 
ent : Provided, That nothing in this act shall be so construed as to 
change or abridge the jurisdiction of any Court in cases arising under 
the school laws of the State ; and the right of any person to bring suit 
in any Court, in any case arising under the school laws, shall not be 
abridged by the provisions of this act. He shall, at all times, carry out 
the orders and instructions of the State Board of Education and the 
Superintendent of Public Instruction, and shall constitute the medium 
between the State Superintendent and subordinate school ofiicers and 
the schools: Provided, That city schools having a Superintendent em- 
ployed by their board may, at the request of said board , be exempt irotKi 
the general superintendence authorized in this section. (39) 



SCHOOL LAW OF INDIANA. 69* 

1. Note. The Superintendent has the care and oversight of the schools of 
his county, with authority to direct in their organization and management. — Hop- 
kins, Supt. 

2. Visitation. The provision requiring Superintendents to visit their schools 
once a year is peremptory. If he fails to do so, it is a good cause of removal. 
There can hardly be any grosser neglect than a failure to visit the schools at least 
once a year. — Baldwin, Atty.-Gen. 

To make his visitations of much value, the Superintendent ought to visit each 
school at least twice a year. This can be done under the law by giving each school 
a half day at a visit. I think it is safe to say it was the intention of the Legisla- 
ture that the Superintendent should be allowed at least as many days for visiting 
the schools as he has different teachers to visit. The Commissioners should not in 
any case restrict him to a less number of days than this, and if he is a prudent 
man it would be safe to let him visit at his own discretion. The restriction can be 
placed upon him at any time if it be shown he abuses his privilege. — Smart, Supt. 

3. Exemption of cities. — This privilege is not extended to incorporated, 
towns. The request should be addressed to the County Superintendent, and should 
be entered in the records of the City School Board. From the date of the request 
and so long as a City Superintendent is employed the County Superintendent has- 
no authority over the city schools, but such authority will revive if the City Board 
fails to employ a Superintendent. — Holcombe, Supt. 

4. Vaccination. The duty of enforcing rules regarding vaccination of 
school children belongs primarily to Town, City and County Boards of Health, and 
secondarily, and after written notice from the State Board of Health, to the Connty 
Superintendent.— jBaMwim, Atty-Gen. See E. S. 1881, §4994. 

5. Power as to course of study and kuxes. The management and con- 
trol of the schools is conferred by law upon the Trustees, and this power involves 
the right to prescribe a course of study and make rules and regulations. But the 
Trustees also appoint a County Superintendent, who, in a large department of 
school government, is the representative and agent of the Trustees, and to him 
their powers are delegated so far as is necessary to successful administration. I 
think, therefore, that if neither the County Board of Education nor the Trustees 
individually have taken the necessary action, the Superintendent may arrange a 
course of study and direct its enforcement in the schools, and may make reasonable 
rules and regulations, and the refusal of a teacher to obey the Superintendent in 
these particulars, would be such "neglect of the business of the school" (§4426) as 
would warrant a revocation of his license, or would indicate such incompetence 
"to successfully teach" (§4425) as would warrant a refusal to grant him another 
license. — Holcombe, Supt. 

6. Procedure in appeals. See §4438. 

7. See sections 4434-4436 and notes. 



[1873, p. 68. Approved and in force March 8, 1873.] 

4430. When must enumerate. When any Trustee shall neglect, 
to file with the County Superintendent an enumeration of the children 
of the township, town or city, as required by section 4472, the County 
Superintendent shall, immediately after the first day of May in each 



70 ■ SCHOOL LAW OF INDIANA. 

year, employ a competent person to take the same, and allow a reason- 
able compensation for such services, payable from the special school 
revenue of the township ; and shall proceed to recover the same in the 
name of the State of Indiana, for the use of said revenue of said town- 
ship, by action against the said Trustee in his individual capacity ; and 
in such suit the County Superintendent shall be a competent witness. 
(40) 

1. See sections 4472-4475. 



[1895, p, 127, Approved March 5, 1893. In force 1895.J 

4431. Annual Reports. The County Superintendent shall, on or before 
the fifteenth day of May, annually make out and forward to the State Superin- 
tendent the enumeration of their respective counties, with the same particular 
disci'imination required of the Trustees. When, however, the State Superintend- 
ent of Public Instruction, upon examination of the enumeration returns of any 
county, or of any township, town or city of such county, finds any evidence that 
the enumeration is excessive in numbers, or otherwise incorrect, he may require 
the County Superintendent to cause the enumeration of such county, township, 
tov/n or city to be retaken and returned according to the provision of this act, 
and the school revenue to be distributed to said county upon such corrected enu- 
meration. If, however, the corrected enumeration is received by the State Super- 
intendent of Public Instruction too late for the semi-annual ajjportionment, the 
State Superintendent of Public Instruction shall make the apportionment on the 
last accepted enumeration. They shall, on or before the fifteenth day of October, 
annually furnish the statistical information which Trustees are required to report 
to them in such form as may be prescribed by the Superintendent of Public In- 
struction. They shall also furnish with such statistical report such additional in- 
formation, embodied in a written report, relative to the condition of the schools, 
school houses, and the general progress of education., etc, in the county, as the 
State Superintendent may from time to time call for. On failure of any County 
Superintendent to make his report of enumeration by the fifteenth day of May, his 
county shall be subject to a diminution of twenty-five dollars ($25) in the next 
apportionment of school revenue by the State Superintendent, and on failure to 
make his statistical and other reports by the fifteenth day of October, his county 
shall be subject to a diminution of ten dollars ($10.00) in the next apportionment 
likewise. The sum thus withheld may be collected from said County Superin- 
tendent, on his bond, in a suit before a Justice of the Peace, prosecuted in the 
name of the State, by any person living in said county, who has children enumer- 
ated for school purposes for the current year, who is aggrieved by said diminu- 
tion. Said suit may be commenced within two years from the time when said 
report is due, and not afterward : Provided, That said County Superintendent 
may discharge himself from liability to such suit by a certificate of the postmaster 
that said report was mailed in due time, together with his own affidavit of that 
fact. (41) 

1. Amendments explained. The school law of 1861 for the first time re- 
quired the Trustees to report the enumeration to the County Examiner, and the 
Examiner to report it to the Superintendent of Public Instruction. The report was 
then made on or before September 1st. The amendment of the section in 1873 



SCHOOL LAW OF INDIANA, ' 71 

'changed the date to May 15th, as it still remains, and fixed September 15th as the 
date of the statistical report. The amendment of 1883 changed this latter date to 
September 1st. In re-writing the section for amendment in 1883 a mistake was 
made in the latter part by naming September 15th instead of May 15th, and the 
15th instead of the 1st of September, as the last days of grace for the several 
reports. — Holcombe, Supt. 

2. Pkivate institutions. County Superintendents are expected to furnish 
statistical and other reports relative to private schools, high schools, colleges and 
other private institutions of learning within their respective counties, so as to 
enable the Superintendent of Public Instruction to present a view of all the edu- 
cational facilities of the State. — Hopkins, Supt. 

3. Bureau of Statistics. County Superintendents are also required to 
furnish information to the State Bureau of Statistics.' — See §4433, notes 4 and 5 
.and E. S. 1881, §5720. 

4. See section 4414. 



[1865, p. 3. Approved and in force March 6, 1865.] 

4432. Apportionment — Report. The County Superintendent 
'shall make out, from the lists of enumeration and the reports of trans- 
fers, the basis of the apportionment of school revenue to the several 
townships, towns and cities of their respective counties, and parts of con- 
gressional townships of adjoining counties whose congressional township 
fund is managed in their counties, and report the same to the proper 
County Auditors by the first day of June, annually, so as to enable 
County Auditors to accurately apportion the school revenue for tuition. 
(42) 

1. Congressional townships. The basis of apportionment should show, 
by number and range, the congressional townships, or parts of congressional town- 
ships, which form each civil township, the number of children enumerated in 
each of such parts ; also the whole number of children enumerated in each civil 
township. With the basis of apportionment he should file with the Auditor a sepa- 
rate statement showing what congressional townships whose funds are managed in 
his county are divided by the county line ; also, the number of children enumer- 
ated in each part of such townships. — Hoss, Supt. 

2. See Section 4472—4475. 

[1873, p. 75. Approved and in force March 8, 1873.] 

4433. Compensation. The County Superintendent shall receive 
four dollars for every day actually employed in the discharge of the 
duties required by this act. But before the County Commissioners 
shall allow his per diem, the same shall be presented in a bill of account 
stating, in separate items, the nature and amount of service rendered on 
each day for which he claims compensation ; which bill of account shall 
be verified by afiidavit to the effect that the same and each item thereof 



72 SCHOOL LAW OF INDIANA. 

is just and true. The County Auditor shall draw his warrant on the- 
County Treasurer for the amount allowed by the Board in favor of said 
Superintendent, and the Treasurer shall pay the said warrant out of the 
ordinary county revenues : Provided, however, That the said Board of 
Commissioners shall have power to determine the number of days in eacK- 
year in which the County Superintendent may labor in the performance- 
of the duties required of him in visiting schools : Provided, further,. 
The number of days so allowed in each year for visiting schools shall not 
be less than the whole number of schools in such county over which 
such Superintendent has control ; and he shall receive no perquisites 
whatever. (43) 

1. Limitation of visits — mileage. Until the Board has established such 
limitation or number the Superintendent is justified in claiming pay for every day 
actually used by him in performing such duties; and the Board can not, after he- 
has performed such labor, then limit the number so as to reduce it below the num- 
ber of days he has labored in the performance of his duties in visiting the schools- 
for the past year. They must establish such number before he has performed the 
labor, and if they do not and he exceeds the number they afterward establish, he- 
is not bound by such action of the Board except as to work he may do in the 
future. The statute makes no allowance for mileage. — Baldwin, Atty.-Gen.; §4429^ ■ 
note, 2. 

2. County Commissioners must make eeasonable allowance for inci- 
dental EXPENSES INCURRED BY CoUNTY SUPERINTENDENT IN HIS OFFICIAL DU- 
TIES. — You ask my opinion on the following questions : 

"First. County Superintendents are compelled to incur expenses for printed' 
postal cards, giving notice of county institutes, associations, and other gatherings^ 
of the teachers of their respective counties ; circular letters to teachers and school 
officers, explaining plans and purposes of the work to the end that the schoolsr. 
maybe more uniformly conducted, and that the patrons may receive a greater 
benefit in return for the money expended ; envelopes and other stationery used in 
the conduct of the business of their offices; blank licenses for teachers, postage- 
stamps and expressage, used in the management of such official business." 

"Second. Since these expenses are incurred 'for the use of the county ' in the- 
administration of his official duties, and in view of the importance of the work 
to the people, and the mandatory duties imposed upon the County Superintend- 
ent by section 4429, is it not also a mandatory duty of the County Commissioners 
to allow such bills?" 

The County Superintendent is by law charged with the general superintend- 
ence of the schools of his county, and shall labor in every practicable way to 
elevate the standard of teaching, and to improve the condition of the schools of 
the county. 

(Section 4429, K. S. 1881.) 

The duties here imposed are as comprehensive as the school system itself, and 
reaches out through every avenue into which the practical science of school teaching 
may for any purpose extend. Many of the duties of the Superintendent are 
specified, such as attending township institutes, and conducting exercises therein,, 
visiting the schools once each year, for the purpose of increasing their usefulness,,. 



SCHOOL LAW OF INDIANA. 73 

encouraging teachers' institutes and associations, and to elevate the standard of 
teaching, and improve the general condition of the schools of the county, to set- 
tle all controversies arising under the school law where his opinion is sought, and 
shall, in addition to the duties specified, labor in every practicable way to elevate 
the standard of teaching and the condition of the public schools of the county. 
It is but fair to presume that the labors not enumerated in the statute are as im- 
portant to the schools and as difficult of performance as those specifically men- 
tioned. It would be impossible to enact a statute covering every duty of the 
Superintendent necessary to the successful management of the public schools, and 
therefore, the law leayes the performance of all duties necessary to elevate the 
standard of teaching and the improvement of the schools not enumerated in the 
statute to his sound discretion. All laws relating to the management of the pub- 
lic schools should be given a broad and liberal construction, and applying this 
rule of construction to section 4429, I conclude that the County Superintendent 
may, and, in fact, it will become necessary for him to, use the various kinds of 
stationery mentioned in your communication, and indeed it is difficult to see how 
he could perform the duties of his office as the statute requires without resorting 
to such expenditures. The public schools must keep pace with the growth of 
population and the advancement of science, and the labors incident thereto will 
increase as the condition of the schools are improved and the standard of teach- 
ing becomes elevated ; and to meet this advanced condition the law has wisely in- 
vested the Superintendent with certain discretionary powers relating to the man- 
agement of the schools and the encouragement of those under him who are 
engaged in educational work. To exclude him from the use of proper stationery, 
printing, postage and expressage in the prosecution of this work would be to rele- 
gate the school system to the imperfect condition of the past, and, in the name of 
a parsimonious economy, cripple and render inefficient the public schools of the 
■whole State. Public policy and the cause of education are opposed to such con- 
struction of the statute, while its plainest reading supports the conclusion here 
reached. 

The stationery which the statute expressly allows to the School Superintend- 
ent, and such other not specifically mentioned, as in his discretion is necessary 
for a judicious administration of the affairs of his office, including postage, ex- 
pressage, printing blanks, envelopes and circulars, should be allowed to him by 
the Board of Commissioners. 

The County Superintendent is a county officer, and such stationery is for the 
use of the county, and its payment is fully authorized by section 6028, E. S. 
1881. The reasonableness of such charges, however, is a matter for the Board to 
determine. The action of the Board of Commissioners in matters of this kind is 
judicial in its character, and an appeal may be taken from such order to the 
'Circuit Court. A. G. Smith, 

To Hervey D. Varies, Supt. Pub. Instruction. Attorney- General. 

3. Office ftjenished. The County Commissioners are not required to fur- 
nish the County Superintendent an office. Even if they were required to furnish 
liim an office, they would not, in the absence of a contract, be liable to him for 
the use of an office of his own for the purposes of the County Superintendent. — 
Board V. Axtell, 96 Ind. 384. 

It is undoubtedly proper, and not at all in conflict with the above decision of 
the court, that the Commissioners should allow the County Superintendent the use 



74 SCHOOL LAW OF INDIANA. 

of a room in the Court House, whenever possible. The newer Court Houses in- 
variably provide accommodations for the County Superintendent. — Holcombe, Supt. 

4. POVPER TO PROVIDE THE SUPERINTENDENT WITH AN OFFICE. Technically, 

County Commissioners could not be compelled to do any discretionary act. As 
guardians of the public welfare they ought, however, to provide properly for all 
public necessities. The County Superintendent's office is a public necessity, and 
ought to be provided for by the Commissioners. That they are clearly and amply 
authorized to do so will appear from the following : 

The Supreme Court in Board v. Axtell, 96 Ind. 384, said: "The County Com- 
missioners are not required to furnish the County Superintendent an office." The- 
Commissioners ai-e not required by statute to furnish the Sheriff an office (sec. 
5748, E. S. 1881) or a residence. Yet every county in the State does furnish the- 
Sheriff an office, and all the counties in the State except three furnish the Sheriff 
a residence. This is all proper and legal, yet it is not commanded by statute. 
It is discretionary with them. 

In discussing their discretionary powers in The Board of Commissioners of 
Franklin County v. Bunting, 111 Ind. 143, the Supreme Court said : "That it (the 
Board of Commissioners) is invested with very extensive discretionary powers in 
the management of county aflfairs can not be doubted. The discretion vested in, 
it is comprehensive enough to authorize it to build a Sheriff's residence in con- 
nection with a county jail, for such an act is within the scope of its authority." — ■ 
Vories, Supt. 

5. Amount of claim. The Superintendent should file his claim for the^ 
full amount of his services at $4 per day up to the end of the quarter. — 70 Ind. 
208; 71 Ind. 185. 

6. Eeports to Bureau op Statistics. The duty imposed on the County- 
Superintendent of schools, by E. S. 1881, §5720, to make reports to the Bureau of 
Statistics, is an official duty imposed upon the officer, for which he is not entitled to 
compensation. — Yeager y. Board, 95 Ind. 427. 

7. From the fact that g5720 (E. S. 1881) enumerates a large number of persons 
or classes of persons from whom reports may be exacted, I am of the opinion that, 
each person or officer mentioned can be required to report only those matters with 
which his business makes them conversant. Thus the County Superintendent 
can be required to report the educational statistics of the county, but can not be 
made a collector of general information. — Holcombe, Supt. 



[1875, p. 131. Approved and in force March 9, 1875.] . 

4434. Duty as to apportionment. Such Superintendent shall 
see that the full amount of interest on school fund is paid and appor- 
tioned, and, when there is a deficit of interest of any school fund, or 
loss of any school fund or revenue by the county, that proper warrants 
are issued for the re-imbursement of the same ; but no per centum be- 
yond what is provided for herein and allowed shall in any case be paid 
him by said Board of Commissioners. (6) 



SCHOOL LAW OF INDIANA. 75 



[1873, p. 75. Approved and in force March 8, 1873.] 

4435. Duty as to school fund. The official dockets, records, 
and books of account of the Clerks of the Courts, County Auditor, 
County Commissioners, Justices of the Pea(!e, Prosecuting Attorneys, 
Mayors of cities, and Township and School Trustees, shall be open at 
all times to the inspection of the County Superintendent ; and whenever 
he shall find that any of said officers have neglected or refused to collect 
and pay over interest, fines, forfeitures, licenses, or other claims, due 
the school funds and revenues of the State, or have misapplied the school 
funds and revenues of the State, or have misapplied the school funds or 
revenues in their possession, he shall be required to institute suit in the 
name of the State of Indiana for the recovery of the same, for the ben- 
efit of the school funds or revenues and make report of the same to the 
Board of County Commissioners and to the State Superintendent (7) 

1. Instituting suits. It was held by the Supreme Court, in Moore v. State, 
55 Ind. 360, that the section which now appears as §5668 R. S. 1881, repealed so 
much of this section as authorized the Superintendent to bring actions, and made 
the Attorney-General the only proper relator; but in the later case of Carr v. State, 
81 Ind. 342, the Court overruled its former decision, saying: "We perceive no 
reason for saying that there is any inconsistency between this act which confers 
upon the Attorney-General power to collect and to sue, and the previous acts 
which conferred similar power on other officers. They may well stand altogether, 
and whichever officer first institutes a suit will have the precedence." In view of 
the uncertainty surrounding this question, it would probably be held to be a suf- 
ficient compliance with the law if the Superintendent should examine dockets and 
make an investigation whenever he has reason to suspect that collections have 
been neglected, or school funds or revenues misapplied, by the officers named 
above, and should notify the Attorney-General in case there seems to be ground 
for a suit. — Holcombe, Supt. 

2. Suit against township trustee. A County Superintendent may bring 
an action against a defaulting Township Trustee ; but his right to bring such an 
action does not prohibit the successor of such Trustee suing his predecessor. — 
Nichols V. State, 65 Ind. 512. 



[1877, p. 122. Approved and in force March 2, 1877.] 

-A 

4436. County Board of Education. The County Superintendent 
and the Trustees of the townships, and the Chairman of the School 
Trustees of each town and city of the county shall constitute a County 
Board of Education. Said Board shall meet semi-annually at the office 
of the County Superintendent on the first days of May and September 
(unless the said days be Sunday, and if so on the day following), a ma- 
jority of whom shall constitute a quorum. The County Superintendent 

7 — School Law. 



76 SCHOOL LAW OF INDIANA. 

shall preside at the meetings of the Board, shall be allowed to vote on 
all questions as other members of the same are allowed to vote. Said 
Board shall consider the general wants and needs of the schools and 
school property of which they have charge, and all matters relating to 
the purchase of school furniture, books, maps, charts, etc. The change 
of text-books, except cities, and the care and management of township 
libraries, shall be determined by such Board, and each township shall 
conform as nearly as practicable to its action ; but no text-book hereaftef 
adopted by the County Board shall be changed within six years from 
the date of such adoption, except by unanimous vote of all the mem- 
bers of such Board : Provided, That any text-book heretofore adopted 
by the (.bounty Board of Education shall not be changed within thre( 
years from the date of its adoption, (8) 

1. Adjourned, not called meetings. Tlie law provides for the assem* 
bling of the County Board semi-annually on the first days of May and September. 
The Board having met on the first day of September, they would ha,ve a right to 
adjourn from day to day until the business befoi-e them was completed. But if 
they have adjourned sine die, they would not have a right to meet any more unti/ 
the first day of May. — Woollen, Atty.-Gen. 

I think this opinion of Attorney-General Woollen properly states the law oK 
the subject. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 Ind. 491.^ 
Hard, Atty.-Gen. 

2. Quorum, course of study, rules and regulations, records, etc. Id 
the absence of the County Superintendent the Board may appoint one of its mem- 
bers president pro tern. No action can be taken by the Board unless a majority of 
all the members are present. "If such majority be present at any meeting the Board 
may take legal action upon suitable questions by a majority vote of those present ; 
but some questions require a majority vote, and others a unanimous vote, of all 
the members of the Board. 

The Board may adopt a course of study for the district schools, and rules and 
regulations for the government thereof, but it should not attempt to make rules 
for the schools of towns and cities. 

It is very important that school officers and county boards should make a careful 
record or their proceedings. If a board takes any legal action, and failfe to re- 
cord it, or makes an incorrect record, the record can be amended by order of the 
board at a subsequent meeting. A legal act is not necessarily void by reason of a 
failure to make a record of it ; but if a question should arise as to the action of a 
board, evidence may be taken at a subsequent meeting outside the records, and a 
new record may be made in accordance with the fact as ascertained. — Smart, Supt. 

The County Board and Trustees have the right to make such rules and regula- 
tions, according to law, as will tend to promote the general good of the public 
schools, and it is the duty of teachers to carry out such rules in good faith.— ^fcss, 
Siipt. 

3. Can not make contracts. The County Board of Education has no power 
to make contracts. It is merely a ^wasi-corporation with but limited powers, and 
is nowhere authorized to contract, or sue or be sued. As a Board it has no control 



SCHOOL LAW OF INDIANA. 77 

of revenues, nor power to order any expenditure. But all or any nuraber of the 
Trustees may join together in purchasing or contracting for supplies, and such 
action may often be advisable. It is not, however, the action of the Board.— 
Holcombe, Supt. 

4. Adoption of high school books. So far as the above section relates to 
the selection and adoption of text-books in the eight common school branches 
(sec. 4425) it was repealed by the text-book laws of 1889, '91 and '93; but text- 
books for high school subjects, in the township graded schools, may be adopted by 
the County Board of Education, and their use enforced by all reasonable rules. — 
Varies, Supt. 

6. Books used and how obtained. The Legislature has the authority to 
prescribe the course of study and the system of instruction that shall be pursued 
and adopted, as well as the books which shall be used. 122 Ind. 462. See sec. 
4421 b, et seq. 

6. The Legislature has the power to require a designated series of books to 
be used in the schools, and to require that the books selected shall be obtained by 
the school officers from the person to whom the contract for supplying them may 
be awarded. It may not only prescribe regulations for using the books desig- 
nated, but it may also declare how the books shall be obtained and distributed. 
122 Ind. 462. See also 4421 b, et seq. 

7. Illegal rulings of County Board as to licenses. The rule of the 
County Board declaring that "no person under the age of twenty shall be licensed 
to teach in this county " is unauthorized by the Statutes, palpably unreasonable 
and unwarranted in law. — Vories, Supt. 

8. Illegal rulings of County Board as t6 holidays. The rule of the 
County Board declaring that "no pay shall be allowed teachers for holidays that 
fall on legal school days" is illegal and void. — Vories, Supt. See section 4501 and 
notes. 

9. Libel. A newspaper publicSation, charging that a County Superintendent 
of schools, for a consideration in money, had, by the use of his influence, induced 
the County Board of Education to order a change in school books, is a libel in the 
sense of the statute (section 1925 E. S. 1881).— 96 Ind. 461. 

10. Legislature may prescribe duties of officers. The power over 
the school system is legislative and exclusive, and the Legislature has authority 
to impose upon all officers whose tenure is legislative, such duties respecting 
school affairs, as it deems proper. All such officers take their offices cum onere, 
and must do what the Legislature demands, or else resign. 122 Ind. 462. 

11. The County Board may adopt a course of study and compel every pupil 
to take the entire course in the order prescribed on penalty of expulsion. 

Our State Constitution, article 8, section 182, directs the General Assembly 
"to provide, by law, for a general and uniform system for common schools, 
wherein tuition shall be without charge, and equally open to all." As a result of 
this, the General Assembly enacted sections 4408, 4429, 4436, 4444 and 4505, which 
provide for the proper administration of this "system of common schools." Now, 
it seems to me that to hold that the General Assembly charged the officers provided 
for in the above cited sections with the administration of the school system, with- 
out at the same time investing them with the necessary executive power to enforce 
their administration would be absurd. Such interpretation of these statutes would 
be the worst kind of travesty. It would be to render the whole common school 
machinery not only useless, but rediculous. 



78 SCHOOL LAW OF INDIANA. 

The officers in the before mentioned sections have the undoubted legal au- 
thority to adopt a course of study and to make all reasonable rules and regula- 
tions for the proper carrying out of the same. The teachers, of course, would 
have to carry out such rules as are directed by the Trustee or School Board. 
But to what extent the officers would be warranted in going to carry out their 
reasonable rules is the question. Our Supreme Court in Andrew v. Webber, 108 
Ind. 31, said : 

"A rule, prescribed by the superintendent of the free graded schools of a city, 
with the sanction of the Trustees, that the pupils in the high school department 
shall, at stated intervals, employ a certain period of time in the study and prac- 
tice of music, for which purpose they shall provide themselves with a prescribed 
book, is an exercise of discretionary power conferred by law, and unless the regu- 
lation is shown to be unreasonable, or a satisfactory excuse for failing to comply 
therewith is given, mandamus will not lie to compel the school authorities to re- 
admit a pupil who has been suspended for disobedience thereof." 

In further support of this principle I cite the cases adjudicated in Supreme 
Courts of other States, in which the law is similar to ours, with an extract from the 
opinion, showing the almost unanimity of the opinions: 

Donahue v. Richards, 38 Me. 379. From opinion : 

1. "If she may decline to obey one requirement, rightfully made, then she 
may another, and the discipline of the school is at an end. Nor is this all." 

2. "While the laws are made and established by those of full age, the right 
of obstruction^, of interdiction, is given to any and all children, of however so 
immature an age or judgment." 

Gurnsey v. Pitkin, 32 Vt. 226. From opinion : 

■'But in regard to these branches which are required to be taught in the 
public schools, the prudential committee and the teacher must, of necessity, have 
Bome discretion as to the order of teaching them, the pupils who shall be allowed 
to pursue them, and the mode in which they shall be taught. If this were not 
BO it would be impossible to classify the pupils, or for one teacher to attend to 
more than ten or twelve pupils." 

State V, Mizner, 50 Iowa, 152. From opinion : 

" The remedy in such case is '^ot corporal punishment, but expulsion." 

Kidder v. Chellis, 59 N. H. 473. From opinion : 

"The power of each parent to decide the question what studies the scholars 
should pursue, or what exercises they should perform, would be a power of dis- 
organizing the school, and practically rendering it substantially useless. How- 
ever judicious it may be to consult the wishes of the parents, the disintegrating 
principle of parental authority to prevent all classification and (to) destroy all 
system in any school, public or private, is unknown to the law." 

Sewal «. Board of Education, 29 O. 89. From opinion : 

"The rule in question (which was to enforce the study of rhetoric), for the 
enforcement of which, in the manner stated (the manner was suspension) dam- 
ages are claimed by the plaintiff in this section, was, in our opinion, reasonable." 

McCormick v. Burt, 95 111. 263. From opinion : 

" The rule (which rule expelled pupils who refused to lay aside their books 
during the reading of the Bible) is certainly a reasonable one." 

There is only one case, not reversed, now standing in the Supreme Court Ee- 
ports of the several States which seems to hold a different view, and there is much 
difference of opinion as to what this case (35 Wis. 59) decides. 



SCHOOL LAW OF INDIANA. 79 

There might be some cases in which it would be reasonable and just to ex- 
•^use a pupil from taking the full course, or in the order prescribed, but they are 
■exceptions, I think. 

It seems to me it would be best to educate the people to see that it is advant- 
ageous to their children to take all the studies, and in the order prescribed, rather 
than to resort to the law to compel people to do that which is obviously to their 
own interest. A parent stands in his own light when he objects to having his 
child carried through the course of study in the sequential order of the studies. — 
Vories, Su.pt. 

12. See sections 4439, 4444, 4501, 4505, 4506, and notes. 

[1859, p. 181. Approved March 3, 1859, and in force August 6, 1859.] 

4437. School township. Each and every township that now is, or 
may hereafter be, organized in any county in this State, is hereby also 
•declared to be a school township, and, as such, to boa body politic and 

-corporate, by the name and style of " school township of 

■county," according to the name of the township and of the county in 
which the same may be organized ; and, by such name, may contract and 
may be contracted with, sue and be sued^ in any court having competent 
jurisdiction. (1) 

1. Succession TO DiSTEicTS. All school houses heretofore built by districts 
become the property of the townships in which the districts are situated, all debts 
of districts become the debts of the townships, and all school houses must here- 
after be built at the common expense and become the common property of the 
townships. — Larrabee, Swpt. 

2. CoEPOEATiONS DISTINCT. There are two corporations in Greene County 
[conterminous in territory], with almost the same name. * * The first is de- 
nominated a civil township, the second a school township. * '•■• It must be 
-contemplated that the funds, etc., of these two corporations shall be kept separate. 
It is as an officer of the school township, and not as an officer of the civil town- 
ship, that the Trustee has authority and power to levy a tax for the erection of 
school houses, and to expend the same for that purpose. We think it must follow 
that it is as Trustee of the school township, and not as Trustee of the civil town- 
ship, that the Trustee must contract for the building of school houses. We do 
not think the Trustees of the civil township can legally contract for the building 
of a school house and make the civil township liable therefor. Carmichael v. 
Lawrence, 47 Ind. 554; Utica Township v. Miller, 62 id. 230; Harrison School 
Township v. McGregor, 96 Ind. 185 ; Johnson v. Smith, 64 Ind. 275 ; Inglis v. 
State, 61 Ind. 212 : Wright v. Stockman, 59 Ind. 65 ; Wingate v. Harrison School 
Township, 59 Ind. 520. A civil township has no power to make a contract for the 
benefit of school property. Jackson Township v. Barnes, 55 Ind. 136 ; Jackson 
Township ^). Home Insurance Company, 54 Ind. 184; McLaughlin v. Shelby Town- 
ship, 52 Ind. 114; Mcllwaine v. Adams, 46 Ind. 580; Hornby v. State, 69 Ind. 102. 
Where an action is brought against a township, and the township name, merely, is 
given, it is conclusively presumed that the action is against the civil township. 
To make a complaint effective against the school corporation it must, by appropri- 
ate averments, designate the school township, or its representative, as the defend- 
ant. Jarvis v. Eobertson, 126 Ind. 281 ; Bradeu v. Leibenguth, 126 Ind. 336. 



80 SCHOOL LAW OF INDIANA. 

3. Intentions considered. But a note, showing on its face that it was 
given in payment for articles furnished for the use of schools, though executed 
by a Trustee apparently in the name of the civil township, binds the school 
township. Moral School Township v. Harrison, 74 Ind. 93 ; Johnson School 
Township v. Bank, 81 Ind. 575 ; Jackson School Township v. Hadley, 59 Ind. 
534 ; White v. Kellogg, 119 Ind. 320 ; 37 N. E. Eep. 604. 

4. Will. A devise by will, for the support of the public schools, can be 
made to a township ; and a devise to a township, without saying whether to the 
school or the civil township is a devise to the school township. — Skinner v. Harri- 
son Tp., 116 Ind. 139. 

5. Suit on official bond. A Township Trustee may be the relator in a 
suit upon the official bond of his predecessor, to recover moneys due the civil 
township, and also moneys due the school township ; and under a proper com- 
plaint there may be a recovery for funds of either or both of the corporations: 
but on a complaint in which he sues only as trustee of the civil township, he can 
not recover money due to the school township. — Steinmetz v. State, 47 Ind. 465. 

6. Civil township can not build a school house. A civil township 
has no authority to make a contract for the erection of a school house; and if it 
sue on a contract for the erection of a school house, the complaint, though it may 
state a good cause of action in favor of the school township, will be bad on de- 
murrer. — 52 Ind. 114; 62 Ind. 230. A town organized as a school corporation 
is the proper plaintiff in an action to recover land previously deeded for school 
purposes to the school township in which it is situa,ted.^Newpoi7it Lodge v. School 
Town of Neivpoini, 37 N. E. Eep: 650. 

7. Pleadings must designate the coepokation — civil ok school. 
Where an action is brought against a township, and the township name, merely, 
is given, it is conclusively presumed that the action is against the civil township. 
To make a complaint effective against the school corporation, it must, by appro- 
priate averments, designate the school township, or its representation. It should 
be against the "school township trustee." — Jarvis v. Robertson, 126 Ind. 281. 

8. Suit against school trustees of toavn oe city. An action to re- 
cover from a city or town school board, should be brought, not against such trus- 
tees, but against the school corporation, by the name and style of "The school 

city of ," filling the blank with the name of the city. — School Trustees v. 

McClure, 52 Ind. 267. 

9. Suit against township and not against trustee personally. A 
summons reading, " You are hereby commanded to summons trustee Cicero school 
township, etc.," sufficiently indicates that the action is against the township, and 
not against the trustee personally, and the township is bound to take notice of the 
pendency of the action. — Vogel v. Brown Tp., 112 Ind. 299; distinguished, 127 
Ind. 79. 

10. Suit for school taxes. An action against a civil township for school 
taxes is bad on demurrer. — 59 Ind. 65. 

11. No authority to borrow money — Liability foe borrowed money. 
There are restrictive provisions [in the school law] which, fairly construed, must 
be held to deny the authority to negotiate loans, 75 Ind. 361. But if a trustee 
borrows money to build a needed and suitable school house, the school township 
receiving the benefit will be liable therefor, 73 Ind. 501. But in such case it must 
be averred and proved that the school township received the benefit of the money, 
98 Ind. 497 ; 102 Ind. 464; 75 Ind. 361, 368 ; 83 Ind. 121. And that there was no 
fraud practiced in the execution of the note, 124 Ind. 193. See also 116 Ind. 130; 
112 Ind. 323; 3 Ind. App. 411 ; 128 Ind. 81. 



SCHOOL LAW OF INDIANA. 81 

12. Contracts of trustee — Notice. In dealing with the trustee of a 
school township, all persons are bound to take notice of his official and fiduciary 
character, and to know that he can only bind his township by contracts which are 
shown to be authorized by law. — 107 Ind. 43 ; 102 Ind. 464 ; 3 Ind. App. 411. 

13. School, supplies — Necessary averments. A complaint against a 
school township on a contract for school supplies, to be good must allege that such 
supplies are necessary and suitable for the use of the public schools of the town- 
ship, and that they have been delivered to and accepted by such township, 107 
Ind. 43 : and that there was no collasion to defraud. — 124 Ind. 193 ; 3 Ind. App. 
411. Where the suit is for school supplies furnished, school teachers may testify 
concerning their usefulness and the necessity of their purchase. Letter v. Wright 
School Tp. 1 Ind. App. 92. 

14. Bank deposit — Promissory note. When a trustee of a school corpo- 
ration executes promissory notes in the name of the corporation, deposits the 
money in his own name, and draws it out upon checks signed by himself as an 
individual, he becomes the creditor of the bank for such deposits, and the trans- 
action is one between the bank and its depositor. — 102 Ind. 464. 

15. No LIABILITY — When Trustee has school funds in his hands — Note 
VOID. When the trustee has money in his hands derived from the school revenues 
or funds, the lender of money can not be subrogated to the rights of the persons 
holding claims against the school corporation. — 102 Ind. 464. 

16. Fraudulent issue op certificates or orders. If by a conspiracy 
certificates or orders are issued they are void, and even though the township has 
not rescinded the contract, and retains the benefit thereof, it is not bound upon 
such fraudulent certificate or order, and the assignee is not entitled to recover the 
actual value of goods furnished the township. — 124 Ind. 193. 

17. Orders without consideration void — Estoppel. If a trustee issues 
orders or certificates in the name of his township without consideration, such 
order or certificate is invalid and void, and in such case no act, conduct or promise 
of the trustee or his successors in office will estop the township from pleading the 
want of consideration as sufficient defense to any suit against the township upon 
such order or certificate. — 90 Ind. 101. 

18. Statute of limitation — Time of filing complaint. An amend- 
ment to a complaint has reference to the time at which the complaint was filed. 
Where a town was sued as a school corporation, but not specifically described as 
such, the time of filing an amended complaint — if the statute of limitations in- 
tervene — relates back to the time of filing, the original complaint. — 104 Ind. 168. 

19. .luDiciAL KNOWLEDGE. The Supreme Court will take judicial knowl- 
edge that the township trustee is the trustee of the school township. 106 Ind. 233. 
But it will not take judicial knowledge of the names of the townships of a county. 
—34 Ind. 405. 

20. See sections 4439, 4444, 4501, 4438a, 4438b and 4438c and notes. 

21. Defacto officers. The contract of a defacto township trustee, if 
otherwise valid, is binding upon the township. 1 Ind. App. 138. 

4438. Towns and cities. Each civil township and each incorporated town 
or city in the several counties of the State is hereb)^ declared a distinct municipal 
corporation for school purposes, by the name and style of the civil township, town 
or city corporation respectively, and by such name may contract and be contracted 
with, sue and be sued, in any court having competent jurisdiction ; and the Trustee 
of such township, and the Trustees provided for in the next section of this act, 



82 SCHOOL LAW OF INDIANA. 

shall, for their township, town, or city, be School Trustees, and performi 
the duties of Clerk and Treasurer for school purposes. (4) 

1. Corporate names. It has been held, in very many cases, that the name- 
of the school corporation is 'Hhe School Town (or City) of ," or " Schotol Town- 
ship of county," and that, in this name, it must sue and be sued ; that instead 

of a distinct function bestowed on the civil or municipal corporation, an independ- 
ent and distinct corporation, for school purposes only, is created by this section ; 
and that section 4437 is still in force. Carmichael v. Lawrence, 47 Ind. 554; Hun- 
tington V. Day, 55 id. 7 ; Jarvis v. Shelby, 62 id. 257 ; Harrison v. McGregor, 67 id. 
380. 

2. Corporations independent. Each civil township, and each incorporated 
town and city is a distinct school corporation, entitled to receive and expend its- 
proper school moneys independent of any control by any other such corporation. 
— Johnson v. Smith, 64 Ind. 275. 

3. Designations in suits. The character in which an incorporated town 
may sue or be sued as a school corporation, may be designated either in the title 
of the action, as a school corporation, or in the complaint by an allegation of that 
fact. Noblesville v. McFarland, 57 Ind. 335. But see Steinmetz v. State, 47 Ind. 
465; Eobinson v. State, 60 id. 26; Inglis v. State, 61 id. 212. 

4. Property and revenues. When a village becomes incorporated, the- 
school town thus created becomes, as Trustee by statute, the successor of the town- 
ship in the right to the possession and control of school property within its terri. 
tory. Leesburg v. Plain Township, 86 Ind. 582. And as soon as school Trustees 
are appointed and qualified, they have a right to demand and receive of the Town., 
ship Trustee whatever sums of money he has received by reason or on account oX 
the school children residing within or transferred to the town, and he can not law- 
fully withhold it on any ground. He received and held it in trust for those 
children. — Johnson v. Smith, 64 Ind. 275. 

5. The election of Township Trustees is provided for by §4735 and 5991 E. S. 

6. Corporations distinct. A civil township and the school township of the 
same territory are distinct corporations, and each must sue and be sued in its own 
proper corporate name, and neither can sue in the name of the other, or in that of 
the Township Trustee. So also a civil town and the school town are distinct cor- 
porations, which must sue and be sued in its own corporate name. — Wright v. 
Stockton, 59 Ind. 65. 

7. Power of school city. A city organized under the general law for the- 
incorporation of cities has no power to buy or give its promissory notes for a county 
seminary, though for school purposes in the city. That power belongs to the- 
school corporation of the city. — State v. City of Terre Haute, 87 lad. 212. 

8. Division of revenues. Where money has been apportioned to a school 
township and received by the Trustee thereof, some of which belongs to a school- 
town afterward organized, and he refuses to pay it over, he may be compelled . 
by mandate to do so, and the School Trustees of the town are the proper re- 
lators in such a suit. — Hon v. State, 89 Ind. 249. 

9. Property of school corporation. Eeal estate and buildings held by a 
school corporation for school purposes are subject to appropriation for highways.- 
as is private property. — Rominger v. Simmons, 88 Ind. 453. 



SCHOOL LA-VY OF INDIANA. 83 

10. Judicial notice. The courts will not take judicial notice of a town- 
ship organization, nor its name. Bragg v. Board of Commissioners, 34 Ind. 405; 
Swails V. State, 4 Ind. 516. 

11. Action. In dealing with a Trustee of a school township, all persons 
are bound to take notice of his official character, and to know that he can only 
bind his township bj contracts which are shown to be authorized by law. There- 
fore a complaint against a school township, on a contract for school supplies, to be 
good, must allege that such supplies are necessary and suitable for the use of the 
public schools of the township, and that they had been delivered to and accepted 
by such township. Bloomington School Township v. National School Furnishing 
Company, 107 Ind. 43; Platter v. Board, etc., 103 Ind. 360; Summers v. Board, 
etc., 103 Ind. 262; Eeeve School Township v. Dodson, 98 Ind. 497; Axt v. Jack- 
son School Township, 90 Ind. 101; Pine Civil Township v. Huber, etc., 83 Ind. 
121 ; 3 Ind. App. 41L 

12. Summons. A summons in an action against a township must be issued 
against the township ; and if issued against the Trustee of such township, a judg- 
ment thereon against the township is void. Vogel v. Brown School Township, 112 
Ind. 317 ; Vogel v. Brown Township, 112 Ind. 299. 

[1875, p. 162. Approved Marcli 11, 1875, and in force August 24, 1875.1 

4438 a. Power to incur delbt. Whenever it becomes necessary 
for the Trustee of any township in this State to incur, on behalf of his 
township, any debt or debts whose aggregate amount shall be in excess 
of the fund on hand to which such debt or debts are chargeable, and of 
the fund to be derived from the tax assessed against his township for the 
year in which such debt is to be incurred, such Trustee shall first pro- 
cure an order from the Board of County Commissioners in which such 
township is situated authorizing him to contract such indebtedness, 1. 
(R. S. 1881, §6006.) 

4438 b. Petition to incur debt. Before the Board of Com- 
missioners shall grant such order the Township Trustee shall file, in the 
Auditor's office of his county, a petition setting forth therein the object 
for which such debt or debts are to be incurred, and the approximate 
amount required, and shall make affidavit that he has caused notice to 
be given of the pendency of such petition by posting notices in not less 
than five public places in his township, at least twenty days j)rior to the 
first day of the session of said Board. [R. S. 1881, §6007.] 

4438 C. Notice of days of business. 3. Such Township Trustee 
shall designate certain days in each week or month, as may be required, 
in which he will attend to the business of his township, and cause notice 
thereof to be given to the inhabitants of such township ; and all con- 
tracts, and auditing, and payment of claims shall be made only on such 
designated days. [R. S. 1881, §6008.] 



84 SCHOOL LAW OF INDIAJSTA. 

1. A contract or payment made upon a day not designated in the notice is as 
valid as if made upon one of the days so designated. The only effect the above 
section can have is to limit the pay of the Trustee by requiring him to have a few 
designated days upon which he will transact township business and charge therefor, 
and not permitting him to charge a day for his services whenever he may chance 
on such a day to sign a contract or pay a debt of the township. 

2. The above first two sections have no application to the ordinary debts of a 
school corporation contracted before the passage of the statute, incurred by the 
Trustee for the usual and necessary furniture, apparatus and other supplies of its 
common schools — Miller v. White River School Township, 101 Ind. 503; but it 
does have application to all debts contracted since its passage. It applies both to 
the civil and school township. The Trustee can not build a school house, if its 
cost will make the aggregate debts chargeable to the special school fund exceed 
the amount of that fund on hand and to be derived from the tax assessed against 
the township for the year in which the debt is to be incurred, and he may be en- 
joined from so doing by a tax-payer of the township, unless he first obtain an order 
of the Board of County Commissioners authorizing the contracting of such a debt. 
Middleton v. Greeson, 106 Ind. 18 ; Boyd v. Black School Township, 123 Ind. 1 ; 
Eoseboom v. Jefferson School Township, 122 Ind. 377; Jefferson School Township 
V. Litton, 116 Ind. 467 ; Grimsley t). State, 116 Ind. 130. 

3. Township benefited. But if the Trustee disregard the above sections, 
and the property he purchased is received by the township, is retained by and i& 
beneficial to it, the township will be liable for its value, whatever that may be, not 
to exceed its purchase -price.— Boyd v. Black School Toivnship, 123 Ind. 1. 

4. "Fund on hand." By the phrase "the fund on hand," is meant the 
money actually in the hands of the Trustee ; and by the provision " the fund to be ' 
derived from the tax assessed against his township for the year in which such debt 
is to be incurred," is meant the amount to be derived from the tax assessed in the- 
first calendar. year and collectible during the year in which the debt is to be, in- 
curred. — Jefferson School Toivnship v. Litton, 116 Ind. 467. 

5. Legalizing act op 1883. By an act of 1883 (Acts 1883, p. 114) an in- 
debtedness incurred prior to the date, and in violation of the above sections, was 
legalized ; and the legalizing act is valid. — Jefferson School Toivnship v. Litton, 116 
Ind. 467. 

6. Trustee's liability under act op 1883. The act of 1883 (Acts 1883, p. 
114) makes a Township Trustee who contracts any debt in the name or on the be- 
half of either his civil or school township contrary to the provisions of the above 
two sections personally liable therefor, as well as liable on his official bond ; but to 
render him thus liable the debt must have been contracted in the name or on the 
behalf of the township, and in violation of these sections; and if the contract is 
made pursuant to these sections, he is not liable. — State v. Hawes, 112 Ind. 323. 

[1875, p. 135. Approved and in force March 12, 1875.] 

4439. School Trustees in cities and towns. The Common 
Council of eacli city and the Board of Trustees of each incorporated 
town of this State shall, at their first regular meeting in the month of 
June, elect three School Trustees who shall hold their office, one, two 
and three years respectively, as said Truste'es shall determine by lot at. 



SCHOOL LAW OF INDIANA. 85 

tte time of their organization, and, annually thereafter, shall elect one 
School Trustee, who shall hold his office for three years. Said Trustees 
shall constitute the School Board of the city or town ; and, before en- 
tering upon the duties of their office, shall take an oath faithfully to 
discharge the duties of the same. They shall meet within five days after 
their election, and organize by electing one of their number as president, 
one as secretary, and one as treasurer. The treasurer, before entering 
upon the duties of his office, shall execute a bond, to the acceptance of 
the County Auditor, conditioned as in ordinary official bonds, with at 
least two .sufficient freehold sureties, who shall not be members of said 
Board, in a sum not less than double the amount of money which may 
come into his hands, within any one year, by virtue of his office. The 
president and secretary shall each give bond, with like sureties, to be 
approved by the County Auditor, in any sura not less than one-third of 
the treasurer's bond. All vacancies that may occur in said Board of 
School Trustees shall be filled by the Common Council of the city or 
Board of Trustees of the town ; but such election to fill a vacancy shall 
only be for the unexpired term. The Board of School Trustees shall, 
each year, within five days after the annual election of a member, re- 
organize their Board and execute their respective bonds for the ensuing 
year. Said Trustees shall receive for their services such compensation 
as the Common Council of the city or the Board of Trustees of the town 
may deem just ; which compensation shall be paid from the special school 
revenue of the city or town. (5) 

1. A town trustee of an incorporated town may be elected to the office of 
school trustee. — State v. Meyer, 60 Ind. 288. 

2. As to the time of election, this section is merely directory ; and if omitted 
at the time, it may be made afterward. — Sackett v. Foreman, 74 Ind. 486. 

3. Resignations. A resignation of a town or city school trustee should be 
addressed to the body that elects, and is complete without formal acceptance ; yet 
its withdrawal even after acceptance but with the consent of the electing body is 
•equivalent to a reappointment. In case of such resignation an election to fill the 
vacancy may be held before the day set for the resignation to take effect. — Leach 
V. State, 78 Ind. 570. 

4. Kesidence — Compensation. If a town or city officer moves out of his 
corporation he vacates his office. A married man can not, so long as he maintains 
the family intimacy, keep his family in one place and maintain his residence in 
another. But if a man is an actual resident of a town at the time of the election, 
there is nothing prohibiting his election and acceptance of the office of school 
trustee, although he is not at the time an actual voter. 

After a school trustee has performed labor under an ordinance fixing his sal- 
ary, his right to compensation can not be cut off by a repeal of the salary, but he 
•can recover for services rendered at the rate fixed; yet during the employment the 
compensation may be modified as to the future, unless a contract has been made 
with the trustee.— jBaMtym, Atty-Gen. 



86 SCHOOL LAW OF INDIANA. 

5. Power as to vaccination. School Trustees have the power, as a meas- 
ure of public safety and to guard against a contagious disease, to order school chil- 
dren to be vaccinated, but they should exercise it with discretion. In some locali- 
ties there is no earthly danger of small-pox; in others — as a crowded city — when 
the disease has made its appearance immediate measures should be taken. — Bald- 
win, Atty-Oen. 

6. School board independent. The Board of Town Trustees can not re- 
rnove a school trustee from office. There is no law for it. The Town Trustees have 
no control over the action of the School Board, which has complete control over all 
the school concerns of the town except levying school taxes. County Commission- 
ers have no power to allow a Town Treasurer compensation out of the school reve- 
nue of the town.— Baldwin, Atty-Gen. 

But the School Trustees can not purchase ground or enter into contracts for 
building except with the approval of the Common Council or Town Trustees — §4491, 

7. Office lucrative. As the statute provides for the compensation of Town 
School Trustees, their office is a lucrative one within the meaning of the Constitu- 
tion, and a person can not hold it at the same time with another lucrative office. — 
Hord, Atty-Gen. Chambers v. State, 26 N. E. Eep., 893; S. C. 127 Ind. 365. 

8. Casting vote — Kesolution. The Common Council of a city may elect a 
School Trustee by resolution, and in case of a tie vote on such resolution the 
Mayor may decide by giving the casting vote. — Woollen, Atty-Gen. 

9. Suit against towns. A complaint against a school town alleging the 
employment of plaintiff by the defendant to teach school and breach of the con- 
tract, is sufficient without alleging employment by the Trustees of the town or that 
the town was incorporated, or that there was a Board of Trustees. In such a case 
a paragraph of a complaint founded on an account is good. — Toivn of Rochester v.. 
Shaw, 100 Ind. 268. 

10. Officer de facto. Pending suit to determine who is School Trustee, 
the courts will compel the County Auditor to recognize the Trustee in possession. 
— Leach v. Cassiday, 23 Ind. 449. Hold-over Trustees can bind the school corpora- 
tion. — School Town of Milford v. Zeujler, 27 N. E. Kep. 303. See notes 23 and 43. 

11. Amendment of 1875. This section was amended in 1875, and it super- 
seded and took the place of the amendment of 1873 (Acts 1873, p. Q8).—Blakemore 
V. Bolcm, 50 Ind. 194. 

12. Abolishing office. The Legislature may abolish the office of School 
Trustee, or shorten or lengthen the term thereof. — Blakemore v. Dolan, 50 Ind. 194. 

. 13. Old Board's contract. A contract made by the Board of School Trust- 
ees of an incorporated town or city with a school superintendent or a teacher, 
prior to the annual election in June, of a new member of the Board, and the re- 
organization required by statute, for services to be performed after the election of 
such member, is valid and binding on the school corporation. — Beuhelt v. School 
Town of Noblesville, 106 Ind. 478. See note 45. 

14. Mandamus. Mandamus lies to compel a school officer to deliver the 
records, books and papers of the office to his successor. Frisbie v. Clarksville, 78 
Ind. 269; and to compel the Trustees of a town or city to elect School Trustees. — 
Michener, Atty.-Gen. 

15. Failure to give bond. The office of School Trustee is not vacated by 
the failure to give bond as president, secretary or treasurer of the Board. — Miche- 
ner, Atty.-Gen. 



SCHOOL LAW OF INDIANA. 87 

16. Extending teem. The provision of the Constitution (K. S. 1881, §225) 
extending the regulai* terms of officers until their successors "shall have been 
elected and qualified," applies to School Trustees; and such Trustees continue in 
office until their successors have not only been elected but have taken their oath of 
office and have filed their official bonds. — Michener, Atty.-Gen. School Town of 
Milford V. Powner, 126 Ind. 528. 

17. Allowance by Boaed. The Board must pass upon all claims, and the 
Treasurer must obey the voice of the majority, and he can not pay out funds with- 
out the claims first being "allowed" by the Board. — LaFoUette, Supt. 

18. Boaed acts as a unit. The Board must act as a body, not as individ- 
uals, the majority ruling; and their action should be recorded. — LaFoUette, Supt. 

But where one of the School Trustees of a town signed a contract of employ- 
ment with a teacher in one of the schools of the town, and at a called meeting the 
contract was adopted by the Board and signed by another member, it became bind- 
ing upon the town. — School Town of Milford v. Powner, 126 Ind. 528. See notes 
46 and 48. 

19. Validity of eules and eegulations. Eegulations adopted by persons 
in charge of a school are analagous to by-laws enacted by municipal and other 
corporations, and both will be annulled by the courts when found to be unauthor- 
ized, against common right, or palpably unreasonable. 82 Ind. 278. 

20. City Councilman. The office of City Councilman is not a lucrative 
office within the meaning of the Constitution. — State v. Kirk, 44 Ind. 401. 

21. Justice of the Peace can not seeve as Teustee. A Justice of the 
Peace can not serve as School Trustee. See Sec. 176 State Constitution. — Varies, 
Supt. 

22. Assent of a majoeity essential. The assent of a majority of the 
Board at a legal meeting is essential to the validity of an order. Herrington v. 
School District, 47 Iowa 11 ; McCartle v. Bates, 29 Ohio St. 419 ; City of Logans- 
port V. Dakeman, 116 Ind. 15 ; 125 Ind. 557. See notes 38 and 48. 

23. Conteacts avith de facto officees. Contracts with officers de facto 
are not binding where parties contracting are warned and have notice. Genessee, 
Ind., School District v. McDonald, 98 Pa. St. 444. But the Board of Education 
can legalize and confirm acts of de facto school officers. Dubuque v. Dubuque, 13 
Iowa 555. But see note 43. 

24. AuTHOEiTY of TEACHER. A teacher has a right to suspend a pupil un- 
less deprived of such authority by action of the School Board. 45 Wis. 150. 

25. Time of daily sessions. The Board may prescribe the hours of tuition. 
26 111. App. 476. 

26. Employment of Teustee as teachee. A Trustee employed as teacher 
by the two other members of the Board vacates his office as Trustee. — Furguson v. 
True, 3 Bush. (Ky.) 255. 

27. Inteeested in public conteact. a trustee may be dismissed for be- 
ing interested in any public contract. See section 2049, E. S. 1881 ; 78 Iowa 87. 
But he may claim compensation for official duty. 74 Wis. 100. 

28. Can not conteact vsaTH themselves as individuals. Public officers 
can not contract with themselves as individuals. It is forbidden by the principles 
of law. 29 Mich. 19. 

29. CoRPOEATiONS DE FACTO. The Same rule which applies to officers de 
facto applies to corporations de facto. 29 Mich. 19. 



Ob SCHOOL LAW OF INDIANA. 

30. Keasonableness of rules. Rules must be reasonable under the cir- 
cumstances. Ferticli v. Michener, 111 Ind. 472. Any rule of the school not sub- 
versive of the rights of the children or parents, or in conflict with humanity and 
the principles of the divine law, which tend to advance the objects of the law in 
establishing public schools, must be considered reasonable and proper. 31 Iowa 
562; 111 Ind. 472. 

31. Legal calls for meetings. A call for a meeting of the Board should 
state the purpose of the meeting. 53 Conn. 576. 

32. City clerk. The office of City Clerk is not an office " under the State," 
within the meaning of section 176, State Cons't. Mahan v. Jackson, 52 Ind. 599. 

33. Acceptance of lucrative office. If an officer holding one lucra- 
tive office accepts another, the acceptance of the second vacates the first. 35 Ind. 
Ill ; 52 Ind. 599 ; 129 Ind. 365. 

34. Authority to adopt rules. The school Board and school authorities 
have the power to adopt rules and regulations for the government of the schools 
under their control. Ill Ind. 472. 

35. EuLES OF superintendent or teacher binding on pupils. Any 
reasonable rule adopted by the superintendent or teacher, not inconsistent with 
some statute or some rule prescribed by higher authority, is binding upon the 
pupils. Ill Ind. 472. 

36. Formation of districts in towns and cities. As to the formation 
of districts in towns and cities, see 54 Conn. 74; 6 Vermont 388; 16 Vermont 439 
and section 4458. 

37. Gradation of pupils. When a child has graduated from one depart- 
ment it is ineligible to that department again. 4 N. Y. Supplement, 102. . 

38. When two boards act together. When two Boards act together a 
majority of the whole Board of Trustees, whether such majority come from one 
corporation entirely, or from different corporations interested, have the power to 
transact any and all business. 125 Ind. 557. 

39. Eatification of contracts. Contracts may be ratified by the Board 
either by special resolution or by acquiescence. 59 Vermont 658 ; 81 111. 470. 

40. Foreign tuition — Eate of. Non-resident pupils should not be re- 
quired to pay more for admission into the school than the pro rata cost of tuition 
for the resident pupils. 13 S. E. Rep. 120; 10 So. Eep. 57; 13 S.' W. Eep. 587. 

41. Quo WARRANTO PROCEEDINGS. Whether de facto school corporation is 
legally organized can not be tried on quo warranto proceedings against persons 
claiming to be its officers. 42 Conn. 89. 

42. Defalcation — Liability of members of board. A trustee who has 
had no part in the misapplication of funds is not liable therefor.— 93 Ind. 292. 

43. Contracts with de facto trustees. The contracts of de facto trustees 
with a teacher is binding upon their school corporation ; and in an action by such 
teacher on the contract, the validity of their acts as officers can not be called in 
question. The School Town of Milford v. Zeigier, 1 Ind. App. 138. See note 23. 

44. Acquiescence in illegal election of officers. After six years of 
acquiescence and approval on the part of the school town in the election and serv- 
ing of certain persons acting as school trustees, third persons dealing with them 
have the right to presume that they are at least officers de facto. 1 Ind. App. 138. 



SCHOOL LAW OF INDIANA. 89 

45. Hieing of teacher by old school boakd. A Board of School Trustees, 
after their successors have been elected, and before they are entitled to serve as 
eiScers, may hire a teacher for the year beginning after their terms of office will 
expire. 1 Ind. App. 138. See note 13. A school trustee of a township can not 
ignore his predecessor's contract, because of mere formal and technical defects. 
Sparta School Tp. v. Mendell, 37 N. E. Eep. 604. 

46. Signing contract. If the School Board in session, hire a teacher, the 
contract with him may be signed at different times; and a signing by a majority of 
the trustees is sufficient. 1 Ind. App. 138. 

47. Abolishing school — effect on teacher's contract. A contract with 
a teacher to teach can not be annulled by abolishing the school he was to have 
taught. 1 Ind. App: 138. 

48. Majority of Trustees sufficient to make a contract. A contract 
by two of three Trustees, when in session, " is valid." 1 Ind. App. 138. 

49. Illegal design of Trustee. A teacher's contract is not void when the 
Trustees have an illegal purpose or design in view if he does not participate in such 
purpose or design. 1 Ind. App. 138. 

50. Contest. Pending litigation to determine who is entitled to exei'cise an 
office, the officer de facto shall act, and when it appeared to the court that A was 
in possession of the office of School Trustee it properly compelled the County 
Auditor to recognize him as such. 23 Ind. 449. See also 1 Ind. App. 138 ; S. C. 
27 N. E. Eep. 303. 

51. Employment by school town. A complaint against a school town al- 
leging the employment of the plaintiff by the defendant to teach school and a 
breach of the contract, is sufficient, without alleging employment by the Trustees 
of such school town, or that the town was incorporated, or that there was a Board 
of Trustees in said town. 100 Ind. 268 ; 37 N. E. Rep 604. 

52. Suit on Treasurer's bond — penalty — relator. The incoming Treas- 
urer may sue the outgoing Treasurer on his official bond for failure to turn over 
funds in his hands, and such suit may be maintained without an order from the 
County Commissioners. He is liable to the penalty of 10 per cent. Sec. 4441 — 
100 Ind. 472. 

53. Incoming Treasurer entitled to receive money only from his 
PREDECESSOR. An incoming Treasurer is entitled to receive money only from his 
predecessor. 100 Ind. 472. 

54. See sees. 4440, 4444, 4497, 4501 and 4506, 4488, 4511, 4511a and notes. 



[1865, p. 3. Approved and in force March 6, 1865. [ 

4440. Trustees' bonds — Tacancy. The County Auditor, in fix- 
ing the penalty and approving amd accepting the bonds of such Trustees, 
shall see to their sufficiency to secure the school revenues which may 
come into their hands, as well as the ordinary township or other reve- 
nue. In case of a vacancy in the ofiice of Trustee, the County Auditor 
shall appoint a person to fill the same, who shall take an oath and give 
bonds as required in the last preceding section ; and said Auditor shall 
report to the Superintendent of Public Instruction the name and post- 
office address of each Trustee. (6) But see note 5. 



90 SCHOOL LAW OF INDIANA. 

1. Bond does not cover boeeowed money. There is here a clear implica- 
tion that the onlv money which a Trustee can officially receive is that yielded by 
the school revenues. Money obtained by borrowing can not be said to be school 
revenue, and the penalty of the bond does not extend to such money. — Wallis v. 
Johnson Tp., 75 Ind. 372. 

2. Title to school money. A Trustee, like a County Treasurer, is liable 
on his bond for all money that may come into his hands by virtue of his office, 
whatever may become of the money. He is not a mere bailee, but the legal tech- 
nical title to the money in his hands is in himself. — Bock v. Stinger, 36 Ind. 846. 

3. Use not conveesion. The mere use, by the Trustee of school revenues 
of the township in his own business, is not such a conversion of the money as 
constitutes a breach of the conditions of his bond. Brown v. State, 78 Ind. 239 ; 
Board v. State, 79 Ind. 270 ; Goodwin v. State, 81 Ind. 109. 

4. When not entitled to inteeest. Title to such revenues does not vest 
in a Trustee until they are actually drawn by him out of the treasury, and he is 
not entitled to interest on warrants issued against them. — Hadley\. State, QQ Ind. 
271. 

5. Vacancies. Section 4439, passed in 1875, takes away from the Auditor 
the power of filling vacancies in the office of Town or City School Trustees ; and 
the Board of County Commissioners, ifi in session when the vacancy occurs, or 
before it is filled, fills a vacancy in the office of Township Trustee ; but if the 
vacancy occurs when they are not in session, the County Auditor may fill it. E. 
S. 1881, §5996 ; Cooper v. State, 113 Ind. 70. 

I believe it is considered that a person appointed to fill a vacancy in an office 
holds such office until his successor is elected and qualified. The Supreme Court 
seem to have so regarded the question. See Urmston v. State, 73 Ind. 175. — 
Baldwin, Atty.-Gen. See sec. 4440 b. 

6. Resignation. When a City School Trustee resigns his office, to take 
effect at a future day, the City Council may elect to fill the vacancy before the day 
-fixed for the taking effect of the resignation. — Leech v. State, 78 Ind. 570. 

7. Overpayments — shortage — set-off — ^In an action on the bond of a 
Township Trustee he is entitled to set-off against the shortage in one fund over 
payments on account of another, so far as the shortage was occasioned thereby. 
126 Ind. 577; 93 Ind. 292; 66 Ind. 271. 

8. Eligibility — teems. Under the act of 1893 ( sec. 4440a ) a Township 
Trustee is not eligible for two terms in succession. Sec. 5992, K. S. 1881. — Varies, 
Supt. 

9. Eligibility — alien. A voter under the Constitution of this State, 
though not a citizen of the United States, is eligible to the office of Township 
Trustee. 63 Ind. 507. 

10. Liability of surety. When a successor is elected and qualified, but 
does not take possession of the office, and the old Trustee continues to act, his 
acts are void ; he is not an officer de facto or de jure, and his sureties are not bound. 
38 Ind. 483 ; 4 Blackf. 2. 

11. Office lucrative. The office of township trustee is a lucrative office 
within the meaning of the State Constitution. 105 Ind. 221. 

12. Liability' of officer and surety. The statute creates a permanent 
and continuing liability and the sureties on his official bond, for a failure to per- 
form any duty imposed by any law in force at the time the bond is executed, or 



SCHOOL LAW OF INDIANA. 91 

■which may be subsequently passed during the time for which such officer laas 
ibeen elected ; and it is not necessary that the bond should provide in express terms 
for such permanent and continuing liability. 44 Ind. 38. 

13. Damages in suit upon bond of trustee. It is the imperative duty 
of a court rendering judgment against a township trustee, in a suit upon his 
■official bond, for a violation of a duty in reference to school revenues, to assess 
ten per cent, damages on the amount recovered. 44 Ind. 38. 

14. Bond covers both civil and school township. A township em- 
braces two distinct corporations, to wit : The civil township and the school town- 
ship, existing within the same territory and having the same trustee, who is bound 
by a single official bond. 61 Ind. 212. 

15. Action by successor. An action on the relation of a township trustee, 
on the bond of a defaulting predecessor, may be instituted without the request or 
direction of the Board of County Commissioners. 61 Ind. 212, 



[1893, p. 192. Approved and in force March 2, 1893.] 

4440a. The time of holding the election of Township Trustees, 
•Justices of the Peace, Assessors, Constables, Road Supervisors, and such 
other officers of township as may be provided for by law, shall be 
changed from the April election, and all such township officers shall be 
elected at the general election to be held on the first Tuesday after the 
first Monday in November, 1,894, and every four years thereafter, and 
which election shall be conducted by the provisions of the law governing 
said general election. (1) 

The names of the different candidates for said township offices shall be 
printed on separate ballots of a yellow color and deposited in separate 
ballot boxes from that of the State and county ballots. Said ballot 
boxes shall be painted yellow, and said ballots and ballot boxes shall be 
prepared in conformity with the law governing said general election. 
(2) 

1. The appointments of successors for Township Trustees who had become 
dnsane was legalized in 1895. Acts 1895, p. 57. 

[1859. p. 220, Approved and in force February 15, 1859.] 

4440b. County Commissioners flII vacancy. All vacancies in 
the office of township trustee shall be filled by the Board doing county 
business in term time, or by the [County] Auditor in vacation ; and 
every trustee so appointed shall continue in office till his successor is 
elected and qualified. Section 5996, R. S. 1881. 

1. This act is still in force and the commissioners can fill vacancies that oc- 
■cur during a regular session of the Board. 113 Ind. 70. 

8 — School Law. 



92 SCHOOL LAW OF INDIANA. 

[1883. p. 118. Approved and in force March 6, 1883.] 

4441. Trustees manage reyenues — Reports. The School Trus- 
tees of every township, incorporated town or city, shall receive the- 
special school revenue belonging thereto, and the revenue for tuition 
which may be apportioned to his township, town or city, by the State, 
for tuition or [for] the common schools, and shall pay out the same for 
the purpose for which such revenues were collected and appropriated. 
Such Trustees shall keep accurate accounts of the receipts and expendi- 
tures of such revenues, and shall render to the County Commissioners, 
annually, on the first Monday of August, for the school year ending on 
the thirty-first day of July, and as much oftener as they may require, a 
report thereof, in writing. Said Board of Commissioners shall hold a 
session on said Monday to receive said reports. They shaM clearly and 
separately state : 

First. The amount of special school revenue and of school revenue 
for tuition on hand at the commencement of the year then ending. 

Second. The amount of each kind of revenue received within the 
year, giving the amount of tuition revenue received at each semi-annual 
apportionment thereof. 

Third. The amount of each kind of revenue paid out and expended 
within the year. 

Fourth. The amount of each kind of revenue on hand at the date of 
said report, to be carried to the new account. 

And shall, with said report, present and file a detailed account current 
of the receipts and payments for the year, and support the same by 
proper vouchers ; which report and account current shall each be duly 
verified by afladavit ; and when the said County Commissioners are satis- 
fied that said report is full, accurate and right in all respects, and that 
said account is just and true, they shall allow and pass the same ; which 
shall have the eflect to credit the Trustee for the ex]5enditures. A copy 
of said report, as passed and allowed by the County Commissioners, 
shall, within ten days after its date, be filed by the Trustee with the 
County Superintendent of the county, and upon failure of the Trustee 
to discharge any of the duties required of him relative to schools and 
school revenues, the Board of County Commissioners shall cause suit to 
be instituted against him, on his ofiicial bond, and in case of recovery 
against him, the court rendering the judgment shall assess upon the 
amount tbereof ten per cent, damages, to be included in said judgment. (7) 

• 1. CoisrvERSiON. The application, by a Trustee, of tuition revenue to spe- 
cial school, road, or civil township purposes is a conversion of so much of the 
fund and a breach of his bond. Kobinson v. State, 60 Ind. 26 ; Brown v. State, 
78 Ind. 239 ; Board v. State, 79 Ind. 270. The suit may be brought on the re 



SCHOOL LAW OF INDIANA. 93 

lation of his successor. Steinmetz v. State, 47 Ind. 465 ; Eobinson v. State, 60 id. 
26. 

. 2. Liability of Trustee. The Trustee is absolutely liable for the loss of 
the funds by whatever casualty. Depositing in a solvent bank, by advice of State 
and County Superintendent and County Board, if loss result, is no defense. Ing- 
lis V. State, 61 Ind. 212 ; Board v. State, 79 Ind. 270. 

3. School Board independent. The School Trustees of a city or town act 
independently of the City Council or Board of Town Trustees in receiving and 
expending the school revenues, and their action can not be controlled by the latter. 
Johnson v. Smith, 64 Ind. 275. But see §4491. 

4. Officer de facto. When Trustees have been duly elected, commissioned 
and qualified, giving the bonds required by law, such bonds will be binding, and 
although the Trustees may be disqualified from holding the oflBce, if the question 
were properly presented, yet funds coming into their hands while acting will be 
secured by their bonds. — Woollen, Atty.-Gen. 

5. Mistake in settlement. When a Township Trustee fails to keep the 
a,ccounts required by this section, and by reason thereof, and by reason of mislay- 
ing vouchers, he fails in his annual settlement with the County Commissioners to 
<;laim or receive credit for a certain sum properly paid out by him, he can not 
afterward recover for the amount so paid. Britt v. Jennings Township,' 81 Ind. 69. 

6. Writ of mandate. Mandamus lies by a School Trustee to compel de- 
livery by his predecessor of the records, books and papers of the office, and to 
-compel the payment of money which the Trustee is required by law to apply to 
school purposes. Frisbie v. Fogg, 78 Ind. 269 ; State v. Goldsberry, 69 Ind. 430 ; 
Hiatt V. State, 110 Ind. 472 ; Brown v. State, 78 Ind. 239. 

7. Assessment of damages. In ^a suit on the bond of a School Trustee the 
Court, in rendering judgment upon the verdict, should add ten per cent, to the 
-amount found by the jury. Watson ■;;. State, 80 Ind. 212 ; State v. Goldsberry, 69 
Ind. 430 ; Hiatt v. State, 110 Ind. 472 ; Brown v. State, 78 Ind. 239. And the 
provision to that eflfect is imperative. Brown v. State, 78 id. 230. 

8. Making loans — Anticipating revenues. The powers of Trustees in 
these particulars have not been generally understood, as is shown by many letters 
of inquiry received at the Department. I have, therefore, tried to give a full ex- 
position of the law on the subject, as follows : 

They can not borrow money. There is nothing in the statute from first to last in- 
dicating that a Township Trustee can rightfully obtain money from any other 
source than the school revenues. There is a plain and unmistakable purpose On 
the part of the Legislature to confine the Trustee to the funds expressly provided, 
and not permit him to go out into the business world as a borrower. * * * The 
money is supplied to them, and they must take it as supplied, and not attempt to 
devise or create other sources of supply. Wallis v. Johnson Township, 75 Ind. 368. 

Are liable for money had and received. Where money is loaned to a Township 
Trustee for the use and benefit of the school township represented by him, and the 
school township receives the benefit of the money, it is liable therefor ; and though 
the note of the Trustee attempting to bind the township for the loan be held void, 
yet the liability of the township remains as for money had and received. Bick- 
nell V. Widner Township, 73 Ind. 501 ; The Bank v. Union Township, 75 Ind. 361. 

May execute notes for debts. A school township, by and in the name of its 
Trustee, may execute a valid negotiable promissory note for any debt contracted 



94 SCHOOL LAW OF INDIANA. 

for the benefit of its property ; but it is not governed by the law merchant, and an* 
assignee takes it subject to all defenses. Sheffield Tp. v. Andress, 56 Ind. 157. The 
Board of School Trustees of an incorporated town have power to execute a valid 
negotiable promissory note, by and in the name of such Trustees, binding upon the 
school corporation for any debt contracted for the benefit of its property. Town of 
Monticello v. Kendall, 72 Ind. 91. A note executed by a School Trustee andgiven^ 
in payment for certain school maps was held to bind the school corporation. 
Moral Tp. v. Harrison, 74 Ind. 93. The same was true of a note given for diction- 
aries. Jackson Tp. v. Hadley, 59 Ind. 534 ; and for school furniture. Johnson 
Tp. V. Bank, 81 Ind. 515. But School Trustees have no power to bind their corpo- 
rations by notes given for money borrowed. Wallis v. Johnson Tp. 75 Ind. 368. 

[Since the above was written by Superintendent Holcombe it has been de- 
cided that a Township Trustee may execute a note for school furniture that is 
prima facie valid and binding on the school township. Miller v. White River- 
School Tp., 101 Ind. 503.] See also 127 Ind. 81. 

May anticipate certain revenues. The only portion of the school revenues which 
the School Trustees may not expend in anticipation is the school revenue for 
tuition belonging to the State and by it apportioned. Harvey v. Wooden, 30 Ind. 
178. But this is very far from deciding that money may be borrowed by the 
Trustee. Wallis v. Johnson, 75 Ind. 368. 

When may issue bonds. A Township Trustee, in case of a bequest or gift ex-- 
ceeding five thousand dollars, to an unincorporated town in his township, condi- 
tioned upon the raising of a like sum by the citizens of the township, may, upon 
petition of a majority of the legal voters thereof, issue and sell the bonds of the 
township to an amount not exceeding fifteen thousand dollars. §4514. School 
bonds of cities and incorporated towns are issued by the Common Council or 
Board of Town Trustees, but in no case by the School Board. §4488. 

Conclusion. The conclusion, from a careful comparison of the authorities, is 
that School Trustees have no power to borrow money ; but they may bind their cor- 
porations by promissory notes for the payment in future of valid pre-existing 
debts, or for the repayment of money advanced to liquidate such debts. The in- 
debtedness of all corporations is limited by the Constitution (E. S. 1881, §220) to 
two per cent, on the value of taxable property. — Holeomhe, Supt. 

Certificates of indebtedness issued without any consideration are invalid, and 
can not be inforced against the township, even if the proper ofiicers promise to pay 
them. Axt v. Jackson School Tp., 90 Ind. 101. Such a certificate is void even in 
the hands of an innocent purchaser. State v. Howes, 112 Ind. 323; Boyd v. Mill 
Creek School Tp., 114 Ind. 210 ; Grimsley v. State, 116 Ind. 130. 

In an action against a school township for articles purchased by the township, 
it must be shown that they were suitable or necessary, and that they were received 
or used by the township. Reeve v. Dodson, 98 Ind. 497 ; Bloomington School Tp. 
V. National School Furnishing Co., 107 Ind. 43; State v. Howes, 112 Ind. 323. 
Delivery of the goods to a railroad company to be transported to the township is 
not such a delivery as will bind the township for goods purchased which are not 
suitable ; but if actually received by the township and used, the contract is valid. 
Boyd V. Mill Creek Tp., 114 Ind. 210; Litton v. Wright School Tp., 27 N. E. 
Eep. 329. 

9. Penalties. See §4451 and 4452. 

10. MisAPPKOPRiATiON. A trustee of schools who has had no part in the 



SCHOOL LAW OF INDIANA. 95 

misappropriation of funds of the corporation is not liable therefor. State v. Julian, 
93 Ind. 292. 

11. Effect of §4438a and g44386. A Township Trustee can not, without 
first procuring an order of the Board of County Commissioners, in accordance 
with these sections, incur a debt in behalf of a school township for school supplies 
in excess of "the fund on hand" (which means -money actually in the hands of 
the Trustee), to which such debt is chargeable, and of "the fund to be derived 
from the tax assessed against his township for the year in which such debt is to be 
incurred" (which means the amount to be derived from the school tax assessed in 
the prior calendar year and collectible during the year in which the debt is to be 
incurred). Jefferson School Tp. v. Litton, 116 Ind. 467; Eoseboom v. Jefferson 
School Tp., 122 Ind. 377 ; Middleton v. Greeson, 106 Ind. 18 ; Boyd v. Black School 
Tp., 123 Ind. 1; State i-. Hawes, 112 Ind. 323; {contra, Miller i). White Eiver School 
Tp., 101 Ind. 503). See g4438c, notes 2 to 5. 

12. Sessions of Board of County Commissioners. The sessions of the 
Board of County Commissioners under this section is for the sole purpose of re- 
ceiving from the School Trustees reports, as herein provided for, and taking action 
thereon, and the Board has no power to transact any other business. Fahlor v. 
Board of Commissioners, 101 Ind. 167. 

13. Who may bring action on bond. The incoming town or city Treas- 
urer is the proper person to bring suit against the outgoing Treasurer, on his bond, 
for a failure to turn over the school funds to him ; and he may do so without an 
order of the Board of County Commissioners. HiattK State, 110 Ind. 472; Strong 
V. State, 75 Ind. 440. 

14. Overpayment. If a Treasurer pays more than he is required to pay 
to his successor, he must bring an action to recover the amount of such overpay- 
ment within six years after the fact of payment; and if such overpayment was- 
occasioned by his failure to keep proper vouchers and accounts, and he settled 
with the County Commissioners without making claim therefor, he can not recover 
the amount thereof. Butt v. Jennings School Township, 81 Ind. 69. 

15. Advancing money. A Township Trustee, who, in good faith, employs 
necessary and proper teachers, and when it is unexpectedly found that the public 
funds provided are insufiicient to pay them in full, advances the deficit out of his 
own money, has a demand against the school township which he may recovet. 
Kiefer v. Troy School Tp., 102 Ind. 279; Murphy v. Oren, 121 Ind. 59. And so 
may a city or town Treasurer who advances money under like circumstances. 

16. Mixing funds. The several school funds should be kept separate ; but 
if payment is made out of the wrong fund, the fund from which it should have 
been made can be drawn upon to make up the deficiency in the overdrawn fundj 
and in a suit against the Trustee, he should have credit in this way. State v. 
Finney, 125 Ind. 427; Murphy i'. Oren, 121 Ind. 59; Finney v. State, 126 Ind. 577. 

17. Officer de facto liable can not deny liability. It is no defense 
to an action by a school corporation to recover its moneys of one who had intruded 
unlawfully into the office of treasurer of the corporation, that another is holding 
that ofl&ce. Lucas v. State, 86 Ind. 180. 

18. Ownership of fund. The officer holding the school funds for the time 
being is the owner thereof, and entitled to all the interest that he may receive by a 
loan of the funds. Brown v. State, 78 Ind. 239 ; Bocard v. State, 79 Ind. 270 ; 
Eock V. Stinger, 36 Ind. 346 ; Shelton v. State, 53 Ind. 331 ; but if he receives the 



96 SCHOOL LAW OF INDIANA, 

interest accruing on warrants issued by the County Auditor on the County Treasurer, 
he is liable for the amount of such interest thus received. Hadley !'. State, 66 
Ind. 271. 

19. Eefunding to Trustee. An act of the Legislature refunding to a 
School Trustee, out of the funds of his school corporation, moneys lost without his 
fault is valid. Mount v. State, 90 Ind. 29. 

20. Eight of new tov^n to part of school bevenxje. When new town 
is organized within township after school revenue is received, the town is entitled 
to its share; the trustee may be compelled by mandate to pay it over to the town 
school trustees, who are the proper relator in such suit. 89 Ind. 249. But see 
note 32 under section 4444. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4442. Eecord — Duty as to revenue. The Trustees shall keep a 
record of their proceedings relative to the schools, including all orders 
and allowances on account thereof; including, also, accounts of all re- 
ceipts and expenditures of school revenue, distinguishing between the 
special school revenue belonging to their township, town or city, and 
the school revenue for tuition, which belongs to the State, and by it ap- 
portioned to their townshij), town or city ; which said revenue for tuition 
they shall not permit to be expended for any other purpose, nor even 
for that purpose in advance of its apportionment to their respective 
corporations. (8) 

1. Note. This restriction on spending money in advance does not apply to 
money raised under §4469 and §4470. Harvey v. Wooden, .30 Ind. 178. 

2. Tuition revenue. From the various provisions of the law upon this 
subject, it is understood that no portion of this money can be lawfully applied to 
any other purpose than the payment of the wages of teachers in the common 
schools of the State. It can not be used to pay fees to the County Auditor, or 
Treasurer, or Township Trustee, or Superintendent of a graded school, or a 
janitor, or a librarian, or for fuel, furniture or repairs. — Rugg, Supt. 

3. Embezzlement. The application of money belonging to one fund to the 
• use of another is a criminal offense, the punishment of which is imprisonment in 

the State prison for not less than one nor more than five years, a fine of not less 
than one nor more than one thousand dollars, and disfranchisement, and incapacity 
to hold any office of profit and trust. E. S. 1881, §1951. 

4. Misdemeanor. If any Township Trustee shall refuse to pay any just claim 
or demand against any fund of said township, when the money belonging to said 
fund is in his hands, he shall be deemed guilty of a misdemeanor, and, on convic- 
tion, shall be fined in any sum not less than ten dollars and not exceeding fifty 
dollars. E. S. 1881, §2050. 

5. Liability. A Trustee of Schools who has had no part in the misapplica- 
tion of tuition revenue is not liable therefor. State v. Julian, 93 Ind. 292. 

6. Inspection of books. School Trustee's records, either of a city, town or 
township, are public records, always open for public inspection, and any one inter- 
ested therein has a right to examine them. Anderson School Township v. Thomp- 
son, 92 Ind. 556. 



SCHOOL LAW OP INDIANA. 97 

7. Payment of claims. Mandamus lies to compel a Township Trustee or a 
Board of School Trustees to pay a valid claim. Frisbe v. Fogg, 78 Ind 269. 

[1895, p.—. Approved March 7, 1895. In force 1895.1 

44:42a. Record of warrants issued. Every Township Trustee in this State 
shall immediately after the taking effect of this act, procure, at the expense of his 
township, a book having suitable headings and properly ruled columns, in which 
he shall register and number in. consecutive order, as issued by him, all township 
orders, or warrants showing the fund on which such order or warrant is drawn, 
the number, date and amount of each order, or warrant to whom issued, for what 
purpose, and when redeemable, which account shall also contain a complete state- 
ment of all outstanding indebtedness of the township incurred in the purchase of 
road, office and school supplies, and when and to whom payable ; and on the first 
Monday of August of each year he shall post up a statement, in a conspicuous 
place in the vicinity of his office, showing such indebtedness in detail, giving the 
numbers and total amount of outstanding orders, warrants and accounts chargeable 
to each fund, which statement shall be sworn to before an officer authorized to 
administer oath, and each Township Trustee shall, within ten days after filing his 
annual report, cause a copy of his said report in full, to be published for one week. 
in one weekly newspaper having general circulation in his county, if any there 
be, together with a transcript of the above account, and on failure so to do he 
shall he liable upon his bond, in the sum of one hundred dollars, to be recovered 
upon an action, brought in the name of the State of Indiana, on the relation of 
such township against the Trustee failing to so publish such report, and said 
Trustee shall also record at length a copy of such report in the township record. 
(1) 

4443. Annual statement. The Township Trustees and the School Trustees 
of incorporated towns and cities shall, immediately after their annual settlements 
with the County Commissioners, in October [August] make a full statement of all 
their receipts and expenditures, for the year preceding, relative to their schools. (9) 

1. The time for making the annual settlement with the Commissioners was 
changed in 1883 from October to August. §4441. 

2. Civil AND SCHOOL TOWNSHIPS. The conclusion is inevitable that every 
Township Trustee must make a report within five days after the last Saturday of 
each February, and that such report must contain a statement of all the receipts 
and expenditures of all the revenues of the civil township (R. S. 1881, §5998) ; but 
it need not contain a report of the receipts and expenditures of the school revenue 
of the township unless the Board of County Commissioners require it. On the first 
Monday after the second Tuesday in October [now the first Monday of August] 
every Township Trustee must make a report of all the receipts and expenditures 
of the school revenue of his township, but not of the receipts and expenditures of 
the cmZ township. — Baldwin, Atty-Gen. 

4444. General duties. The Trustees shall take charge of the educational 
affairs of their respective townships, towns, and cities. They shall employ teach- 
ers; establish and locate, conveniently, a sufficient number of schools for the 
education of the white children therein ; and build, or otherwise provide, suitable 
houses, furniture, apparatus, and other articles and educational appliances neces- 
sary for the thorough organization and efficient management of said schools. 
They may also establish graded schools, or such modifications of them as may be 

•practicable; and provide for admitting into the higher departments of the graded 
school, from the primary schools of their townships, such pupils as are sufficiently 
advanced for such admission. They shall have the care and management of all 
property, real and personal, belonging to their respective corporations for com- 
mon school purposes, except the congressional township school lands ; which lands 
shall be under the care and management of the Trustee of the civil township to 
which such lands belong. (10) 

1. Power of trustee. The Township Trustee is clothed with almost auto- 



y^ SCHOOL LAW OF INDIANA. 

cratic p'ower in all school matters. Tlie voters and tax-payers of the township 
iave but little, if indeed any, voice or part in the control of the details of edu- 
cational affairs. So far as actual authority is concerned, the Trustee is the corpo- 
ration, although in contemplation of law it is otherwise. Wallis v. Johnson Tp., 
75 Ind. 374; Bicknell v. Widner Tp., 73 Ind. 501. See §4441, note 8. 

2. Patrons can not designate teachers. There is no provision of the 
law authorizing any ether person than the Trustee to select a teacher. It is 
therefore held that the provision authorizing the Trustee to employ teachers, also 
authorizes him to select them, and that school meetings are not empowered by the 

• law to designate or employ teachers. That power was taken from them in 1873. 
In some townships the Trustees by courtesy permit the voters of districts to select 
their respective teachers. I doubt their right to do so. The law wisely holds the 
Trustees responsible for the faithful performance of this duty. He is bound to 
obtain the best teachers that his money will secure. He has no right to employ a 
poor teacher when his money will control the services of a good one. He has 
certainly no right, then, to put it out of his power to thus use his best judgment 
in the selection. — Smart, Supt. 

3. County can not build schooi. house. A Board of County Commission- 
ers has no authority to make an appropriation of any sum out of the general 
fund of their county for the erection of a school building, Eothrock v. Carr, 55 
Ind. 33 i. 

4. Abandoned Corporation. In case a town abandons its corporation, the 
powers and duties of the Board of School Trustees cease, the Township Trustee 
succeeds thereto, and it becomes his duty to take charge of the schools without 
special notice. If he refuses to act he becomes liable to prosecution. — Baldwin^ 
Atty.-Gen. 

5. Trustee can not employ himself. You ask me whether a Township 
Trustee has a right to teach school in his own township. In answer I have to say 
that a Township Trustee, being the agent of the State to employ teachers for the 
public schools, is not authorized to employ himself, and such a practice, if it ex- 
ists, is contrary to law, and should be discontinued. — Woollen, Atty.-Gen. 

6. Contracts with teachers. A teacher contracts with the school town- 
ship through its Trustee, and although the Trustee squanders the township funds 
and his bond is worthless, yet the township is liable to pay the teacher as specified 
in the contract. A verbal contract with a School Trustee to teach a school is as 
binding as a written contract. If the Trustee had employed a teacher for the 
term or school year before the patrons of that district had petitioned him to have 
the German language taught in that district, then he was justified in paying no 
attention to their petition. — Baldwin, Atty.-Gen. Harrison School Tp. v. Mc- 
Gregor, 96 Ind. 185 ; Harmony School Tp. v. Moore, 80 Ind. 276. Verbal con- 
tract held valid. Jackson School Tp. v. Shere, 8 Ind. App. 330 ; Fairplay v. 
O'Neal, 127 Ind. 95. 

7. When contracts may be made. See sec. 4501a for time of making con. 
tracts for a township teacher. 

But .a contract made by the Board of School Trustees of an incorporated town 
or city with a School Superintendent, prior to the annual election of a new member 
of the board and the reorganization required by statute, for services to be performed 
after the election of such member, is valid and binding on the school corporation. 
Keubelt v. School ToAvn of Noblesville, 106 Ind. 478. See note 45, section 4439. 

8. Eesignation of teacher. The relation existing between Trustee and 
teacher is based on a contract. A teacher can not resign without the consent of the 
Trustee. To abandon his school without such consent is a violation of his contract, 
and gives the Trustee a claim against him for any damages actually sustained by 
the school in consequence thereof. But the Trustee will withhold any part of the 
wages due the teacher at his peril, for unless actual damages can be proved the 
teacher may recover in a suit the amount withheld. — Holcombe, Supt. 

9. Location of houses — Title. The title to property on which a school 
house is to be built must be in the school corporation ; and by proper proceedings 
land may be condemned for school purposes. §4508, 4517-4519, 



SCHOOL LAW OF INDIANA. 99 

Trustees must not build outside their own jurisdiction, since the franchises of 
a school corporation can not extend beyond its own territory so as to attach to land 
or school buildings outside the corporate limits. Mt. Carmel v. Shields, 66 Ind. 
521. 

I do not think the law authorizes a Trustee to invest township funds in a joint, 
stock company for the construction of a school house. But he may, having a, 
deed for the land on which the school house stands, build one or more rooms or 
stories of such house, permitting other parties, or a joint stock company, to build 
additional rooms or stories thereto, upon such conditions as will secure the protec- 
tion and right use of that part owned by the township. — Hopkins, Supt. 

A school meeting of a district may petition the Trustee for the removal of 
the school house to a more convenient location, for the erection of anew one, etc., 
but the Trustee may exercise a sound discretion as to the propriety of taking such 
action. §4499. 

10. Providing houses, furniture, etc. The school authorities are riot 
bound to furnish educational facilities beyond those which the funds, devoted by 
law to that purpose, will yield. It is not for them to burden the school township 
with debt by borrowing money. Their duty is fully performed and their power 
completely exhausted when they have properly expended all money derived from 
the school revenue. Wallis v. Johnson Tp., 75 Ind. 375. But where money had 
been loaned to a Township Trustee for the purpose of completing a needed and 
suitable school house, the school township receiving the benefit of the loan was: 
held to be liable therefor. Bicknell v. Widner Tp., 73 Ind. 501. See §4441, note 8. 

11. Text-books may be furnished. A Township Trustee can not pur- 
chase at the expense of the township, text-books for the use of the pupils attend- 
ing the public schools of the city or township. Honey Creek School Tp. v. Barnes, 
119 Ind. 213. Books can be bought, however, by the Trustee for poor children 
confined in county asylums or homes for orphan children or for other indigent or 
poor children who would otherwise be unable to attend school. See section 4421/, 

12. Indispensable articles. Among the indispensable articles of furniture 
and apparatus are a few chairs, a teacher's table, black boards and crayons, a 
clock, a thermometer, a dictionary, a water-pail and cups, pointers, erasers, brooms- 
and brushes. Each school should also be furnished with a terrestial globe and 
suitable wall maps, and there should be a closet in which the movable property of 
the school may be secured. — Smart, Supt. 

The Trustees are under the law the judges whether furniture is needed ; and. 
contracts therefor, and in consideration of the purchase of maps and dictionaries, 
will bind the corporation. Moral Tp. v. Harrison, 74 Ind. 93 ; Johnson Tp. v. 
Bank, 81 id. 515; Jackson Tp. v. Hadley, 59 id. 534. 

13. Contracts of Trustees. Contracts for the benefit of school corporations, 
whether to build houses, employ teachers or purchase supplies or apparatus, should 
be made by the Trustee in the name of the school, not the civil, corporation. 
Hornby v. State, 69 Ind. 102; Harrison Tp. v. McGregor, 67 id. 380. 

A school town is bound, as such, for the contract price of material furnished 
and labor performed by another, in the erection of a school building for such town, 
under a parol contract therefor, made with him by the School Trustees of suck 
town, Princeton Tp. v. Gebhart, 61 Ind. 187, but a mechanic's lien can not be taken, 
upon the building for materials furnished therefor and labor performed thereupon.. 
Fatout V. Board of School Com., 102 Ind. 223. 



100 SCHOOL LAW OF INDIiNA. 

A suit to set aside a contract for the building of a school house and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township Trus- 
tee, in the making of the contract, is properly brought in the name of the State, 
for the use of the civil township. State v. Earhart, 27 Ind. 110. 

A contract by a School Trustee for the improvement of school property, by 
the terms of which he is to share in the profits is void, both at common law, and 
under the statute. Wingate v. Harrison Tp., 59 Ind. 520. 

The penalt)^ for such corrupt interest in contracts is a fine of from three hun- 
dred to one thousand dollars, and imprisonment for from two to fourteen years. 
E. S. 1881, §2049. 

14. Graded schools. This section gives the Trustees ample power to organ- 
ize, at their discretion, such a system of free schools as the peculiar circumstances 
of their townships may require. The schools may be all of the same grade, or of 
two or three more grades. They may classify the children of the township accord- 
ing to acquirements. They may authorize the teaching of any branches of science, 
literature and art which public interest and public opinion may require. — Larrabee, 

The separation of pupils into different schools or departments, according to 
age and acquirements, is not an abridgment of their rights. Corey v. Carter, 48 
Ind. 360 ; State v. Grubb, 85 Ind. 213 ; State v. Gray, 93 Ind. 803. 

A graded school is a school in which the pupils are placed in different rooms 
and under difierent teachers, according to advancement. Consequently, the 
greater the number of rooms and teachers for any given school the more favor- 
able the means for perfect grading. From this it will be seen that a graded school 
as contemplated in the above section can not exist with less than two teachers. 
With one the school may be classified but not graded. Trustees will therefore 
have regard to this element Avhen they put up buildings designed for graded 
school. 2d. As to the time when a graded school should be established for any 
given townshijD, no definite directions can be given. There "are too many local 
elements to admit of any special directions. It is, however, safe to say that 
whenever there aie pupils in the township whose advancement is such that the 
district schools can not furnish them instruction, at that moment begins the need 
of a township graded school furnishing instruction of a higher grade. ' The Trustee 
must, however, be satisfied that the number of such pupils is sufficient to justify 
the estabidshment of such a school before providing the same. 3d. As to place I 
would suggest that whenever practicable the township graded school should be 
established in connection with a district school, thus economizing in building, 
perhaps in teaching, also furnishing the means of a more thorough grading in at 
least one primary school in the township. It is suggested further that a village, 
if centrally located, is usually a favorable place for the township school. — Hoss, 
Supt. 

15. Pay of graded school teachers. A township graded school is a com- 
mon school, as it is open alike to all the children of the township who are suffi- 
ciently qualified for admission. Therefore Township Trustees have the right to 
pay principals and teachers of graded schools for all service which they render as 
teachers in such schools, from the school revenue for tuition apportioned by the 
State. — Smart, Supt. 

16. Custody of school property. The Trustee of each school district has 
charge and possession of the school house, for, although the director has the charge 



SCHOOL LAW OF INDIANA. 101 

for certain purposes, he acts under the order and with the concurrence of the 
Trustee. Hurd v. Walters, 48 Ind. 148 ; ^504. * 

17. CoNGKESSiONAii LANDS. When those lands are divided hj a county or 
civil township line, the voters of the congressional township to which they belong 
shall designate the Trustee of one of the civil townships in which they lie to have 
the care and management of them. §4330. 

18. Borrowing MONEY — Executing notes — Liability of corporation. A 
Trustee of a school corporation has no authority to borrow money. He has no 
authority to incur any indebtedness except for school purposes, and then only in 
cases contemplated by statute. . He has no general authority to execute promissory 
notes ; his authority in this respect is a special one, and can only be exercised in 
conformity to the statute creating the corporation. The authority to execute prom- 
issory notes is confined to cases where the debt which the note evidences is for 
legitimate school purposes. "'■■ •■'' * The cases very clearly establish the princi- 
ple that the corporation is only liable on an inplied contract, and not on the notes, 
and such a contract can not exist unless it is shown that the school corporation 
received the consideration of the notes. * * * The authorities all agree that 
an implied contract only exists in cases where the defendant received the consid- 
eration of the contract, and where this appears, and only where it appears, he is 
liable for the reasonable value of the property received. Eeve Township v. Dob- 
son, 98 Ind. 497. See 75 Ind. 368 ; 106 Ind. 18 ; and sec. 4437 and 4438b and 
notes. 

19. Orders without consideration void. Where the Trustee of a school 
township has issued an order or certificate of indebtedness, in the name of his 
township, without any consideration therefor, such order or certificate is invalid 
and void, and can not be enforced against the township ; nor in such cases will the 
acts, conduct or promises of the Trustee, or his successors in oflice, estop the town- 
ship from pleading the want of consideration as a sufficient defense to any suit 
against it upon such order or certificate. Axt v. Jackson Township, 90 Ind. 101. 

20. May abolish districts. After a School Trustee has, on appeal, been 
ordered by the County Superintendent to provide furniture for the school house of 
a certain district, he may at once abolish the district and provide proper school 
facilities for the people thereof in other districts. State v. Sherman, 90 Ind. 123. 
See note 34. 

21. Must control school premises. A School Trustee has no authority ta 
provide furniture for a room for school purposes, or to employ a teacher for serv- 
ice therein, unless such room is owned or leased by the school township. State v. 
Sherman, 90 Ind. 123. 

22. Abandoning graded school. If a Township Trustee consolidates two 
or more districts, and establishes in place of them a graded school, and afterward 
finds it to the advantage of the schools of the township to abandon such graded 
school and re-establish the district schools, he may do so. — LaFollette, Siipt. 

23. EuLES AND REGULATIONS. School Boards and other educational authori- 
ties have power to adopt appropriate rules and regulations for the government of 
the schools under their control. It is not necessary that all such rules shall be 
made a matter of record, nor that every act, order or direction affecting their 
management shall be authorized or confirmed by a formal vote ; but any reason- 
able rule adopted by a superintendent or teacher not inconsistent with some stat- 
ute or some other rule prescribed by higher authority, is binding upon the pupils. 



102 SCHOOL LAW OF INDIANA. 

A rule requiring the superintendent of a city school to visit weekly all the schools 
under his charge, and to see that the best methods of instruction are adoj)ted, 
confers upon him authority, if it were otherwise wanting, to order and promul- 
gate such additional reasonable rules as the best interests of the schools may re- 
quire. Fertich v. Michener, 111 Ind. 472. See notes 25, 30 and §7. 

24. Enforcement of rules. In the enforcement of all rules for the gov- 
ernment of a school, due regard must be had to the health, comfort, age, mental 
and physical condition of the pupils ; and to the circumstance attending such 
particular emergency, and the condition of the weather, the infirmity of a pupil, 
and the like, may require relaxation in their strict enforcement. A school regu- 
lation must not only be reasonable within itself, but its enforcement must also be 
reasonable under all the circumstances. Fertich v. Mickener, 111 Ind. 472. See 
notes 23, 29 and 36. 

25. Locking doors. The habit of locking the doors of a school room dur- 
ing the opening exercises is not an unreasonable enforcement, under ordinary 
■circumstances, of a rule requiring pupils to remain in the hall during that time ; 
but if the weather is unusually severe, and proper steps are not taken for the 
comfort of children thus excluded, such method of enforcement is unreasonable 
and improper. A rule requiring tardy pupils to remain either in the hall of the 
school building, which is provided with heat, or in the office of the principal, 
until the opening exercises, lasting from ten to fifteen minutes, are concluded, in 
order that such exercises may not be interrupted or disturbed, is in itself a reason- 
able regulation. Fertich v. Michener, 111 Ind. 472. 

26. Detention of pupil after school hours. Such detention, as a pen. 
alty for some omission or misconduct, is one of the recognized methods of enforc- 
ing discipline and promoting the progress of pupils in the common schools, 
and although the cause for such detention be mistaken it possesses none of the 
■elements of false imprisonment, unless imposed from wanton, willful or malicious 
motives. Fertich v. Michener, 111 Ind. 472. 

27. Liability of school officer. A school officer is not personally liable 
for a mere mistake of judgment in the government of his school; but to render 
him liable, it must be shown that he acted in the matter complained of wantonly, 
willfully or maliciously. Fertich v. Michener, 111 Ind. 472. 

28. Closing school on account op epidemics. If a teacher objects to 
closing school on account of epidemics he may be compelled to do so by order 
from the Secretary of the Board of Health. See" acts 1891, p. 15. But the teacher 
will be entitled to compensation during the time the school is so closed. See 43 
Mich. 480. — Vories, Supt. See sec. 4501 and notes. 

29. Power as to rules and regulations. Under the statutes of this State, 
construed in connectioia with the incidental powers of corporations, the various 
school boards and other educational authorities, have power to adopt appropriate 
rules and regulations for the government of the schools under their control. Ill 
Ind. 472. 

30. EULES MUST BE REASONABLE UNDER THE CIRCUMSTANCES. A School reg- 
ulation must not only be reasonable in itself, but its enforcement must also be 
reasonable under all the cii'cumstances. Ill Ind. 472. 

31. Bevenue impliedly pledged. When the Trustee of a Township, in 
anticipation of the revenue, incurs debts for the building of school houses, such 
revenue is deemed to be impliedly pledged for the payment of such debts ; and 



SCHOOL LAW OF INDIANA. 103 

■mandamus will not lie at the suit of a town incorporated after the implied pledge 
of the revenue, to compel the Trustee to pay the money collected by him to the 
school officers of the town, although such officers would be entitled to such money 
if it had not been impliedly pledged prior to the incorporation of the town. 109 
Ind. 360 ; S. C. 110 N. E. Kep. 94. See note 20, sec. 4441. 

32. Mandamus the proper action to compel the performance op a 
MINISTERIAL DUTY. Mandamus is the proper action to compel any officer to per- 
form a ministerial duty, but mandamus will not lie to compel the performance of 
a discretionary duty. 23 Atl. Rep. 924. 

33. Bribery of public officer. To offer a receipt for more than the cost 
of any kind of apparatus to induce an officer to purchase is bribery. 106 Ind. 
233. See sees. 2009 and 2051. 

34. May abolish district when the average attendance is only four 
pupils. The Trustee may abolish a district when the attendance has become so 
small as to satisfy him that no good purpose can be accomplished by keeping the 
school open. When the average daily attendance was only four pupils, the num- 
ber not being reduced by sickness or other cause, it was no abuse of the Trustee's 
■discretion to abolish the district. 119 Ind. 232. 

35. Courts will not review discretionary acts if not abused. It is a 
general rule that courts will not revise the exercise of discretionary authority by 
a public officer, for as long as he acts in good faith and within the general scope 
of his authority, he is not subject to judicial control. 119 Ind. 232 ; 113 Ind. 
298; 102 Ind. 372; 100 Ind. 242; 34 Ind. 471. 

36. Students must submit to necessary rules. A student is required to 
submit to any proper rule necessary for the good government of the school. 82 
Ind. 286. See notes 24, 25 and 30. 

37. Conspiracy to defraud invalidates township orders, and actual 
^ALUE of goods CAN NOT BE OBTAINED. The certificate upon which the action 
was predicated originated in an unlawful and corrupt conspiracy to defraud a 
public corporation. An agreement or conspiracy between two persons which has 
ior its object the perpetration of a fraud or civil injury upon another, is illegal ; 
and any agreement to carry out or consummate a scheme which involves a breach 
of trust, or official duty, is unlawful and void. And the actual value of the 
goods furnished the township can not be recovered. 3 Ind. App. 411 ; 124 Ind. 
193. 

38. Limitation on power of Trustee to contract debt for erection of 
SCHOOL HOUSE. Sections 4438a and 4438b limit the authority of Township 
Trustees to contract debts, whether on behalf of the civil or school township, and 
they maybe enjoined by tax-payers from contracting debts otherwise. 106 Ind. 18. 

39. Township not liable for supplies not needed in the township 
SCHOOLS, ALTHOUGH SUITABLE. A township is uot liable upon a certificate issued 
by its Trustee for school supplies contracted for by him for future delivery, which 
supplies, although suitable, are not needed in the township schools, and which 
the township refuses to accept. 114 Ind. 210. 

40. Delivery and acceptance of supplies. The delivery of the goods to 
a railroad company by the vendor is not such a delivery as is required to make 
the school township liable upon a contract which its Trustee had no authority to 
anake. In such a case liability is based upon the actual acceptance and appro- 



104 SCHOOL LAW OP INDIANA. 

priation of the goods. 114 Ind. 210. But this case has been modified by 124 Ind.. 
193 and 3 Ind. App. 411, Avhere fraud appears. See also 127 Ind. 81. 

41. Mechanic's lien against public policy. A mechanic's lien for work 
done, or materials furnished, in the erection of a public school house, can not be 
acquired or enforced. It is against public policy. 102 Ind. 2/J3. 

42. Petition for school house. Any poi-tion of the inhabitants of a 
township may petition the Trustee for the location of an additional school dis- 
trict, or the erection of a school house, and if their petition be refused they may 
appeal to the County Superintendent, and if he reverse the decision of the 
Trustee, it will be the duty of the latter to grant the prayer of said petition, and 
if he still refuse he may be compelled to do so by mandate. 21 Ind. 317. But 
see notes 34 and 20. 

43. Township must own oe. lease school premises. A School Trustee 
has no lawful authority to provide furniture for a room for school purposes, or 
employ teachers for services therein, unless such room is owned or leased by the 
school township ; and even if the County Superintendent, on appeal, direct him 
to do so, he may properly disobey the order, and mandate will not lie to compel 
him to obey it. 90. Ind. 123. 

44. See sees. 4454, 4455, 5997, 2009, 2051, 2049, 4441, 4439, 4436, 4501, 4501a^ 
4438a, 4438b, 4499, 4502, 4511, 4511a and notes. 

45. For salary in townships of 100,000 inhabitants, see Acts 1893, p. 298. 

[1873, p. 68. Approved and in force March 8, 1873.] 

4445. Superintendent in cities and towns. The School Trus- 
tees of incorporated towns and cities shall have power to employ a Su- 
perintendent for their schools (whose salary shall be paid from the special 
school revenue), and to prescribe his duties, and to direct in the dis- 
charge of the same. (12) 

1 Compensation. In case a person is employed to superintend part of the 
time and teach part of the time, he can be paid for the services he rendei-s as Su- 
perintendent out of the special revenue, and for the services he renders as teacher 
out of the tuition revenue. If paid anything from the latter, he must possess a^ 
valid license. — Smart, Supt. 

2. When may employ Superintendent. See §4439, note 13. 

4446. Joint graded schools. The School Trustees of two or more 
distinct municipal corporations for school purposes shall have power to 
establish joint graded schools, or such modifications of them as may be 
practicable, and provide for admitting into the higher departments of 
their graded schools, from the primary schools of their corporations, such 
pupils as are sufficiently advanced for such admission. Said Trustees 
shall have the care and management of such graded schools, and they 
shall select the teachers therefor. They shall have power to purchase suit- 
able grounds for such graded schools, and erect suitable buildings thereon ; 
and the title to all such property, acquired for such purposes, shall vest. 
jointly in the corporations establishing the graded schools. (13) 



SCHOOL LAW OF INDIANA. 105 

1. Joint graded schools — Appeal. An incorporated town and township 
can unite and establish a joint graded school, and it will not be necessary for 
the town to extend its limits so as to enclose the sites of the school house. The 
town and township authorities have no power to enter into an agreement with an 
incorporated association for school purposes, that the three shall run and control 
one school, and that such association shall have equal control over the school with 
such town and township authorities. The control of the public school can not be 
fettered by any private person. Possibly an appeal will lie from the decision of 
two Township Trustees refusing to build a joint graded school house. In case two 
Township Trustees of different counties are petitioned to build such a school 
house, the Superintendent of that county to whom an appeal is first taken would 
have jurisdiction of the case to the exclusion of the Superintendent of the other 
county. It is a new question, but this is my best judgment in the matter. — Bald- 
win, Atty-Gen. 

2. Management and supervision. A joint graded school, as to its man- 
agement and teachers, is subject to the same laws, rules and regulations as town- 
ship graded schools [§4444, notes 14, 15], except that it is under the joint manage- 
ment of the School Trustees of both corporations. But the teachers should attend 
the institutes of the county and township in which the school is situated, and 
should be under the supervision of the Superintendent of that county. — Smart, 
Supt. 

The Trustees of the two school corporations act as individuals, and do not as 
a unit represent their respective corporations. A majority of the whole Board of 
Trustees, whether such majority come from the different corporations interested or 
from one corporation entirely, have the power to transact any and all business, in- 
cluding the employment of teachers, relating to such joint graded school. Han- 
over School Township v. Gant, 125 Ind. 557. 

3. Proportional contributions. While the section that provides for the 
establishment of joint graded schools by two or more distinct corporations is silent 
as to the proportion in which each shall contribute to the expense, yet I am of 
opinion that their contributions should be in proportion to the number of pupils 
they will each send to the new school. Such is the rule in the case of joint dis- 
trict schools [§4513] and I think the same reasons apply to joint schools of all 
kinds. — Holcombe, Supt. 

4. Purchase of property. The two corporations may purchase jointly 
real estate ; and the Trustees are the sole judges of the right to purchase property 
of this character. Craig School Tp. v. Scott, 124 Ind. 72. 

5. Management of joint graded schools. The trustees act as individ- 
ual trustees, and do not as a unit represent their respective corporations. A ma- 
jority of the whole Board of Trustees, whether such majority come from one cor- 
poration entirely, or from the different corporations interested, have the power 
to transact any and all business, including the employment of teachers relating 
to such joint graded school. 125 Ind. 557. 

[1879, S. p. 95. Approved March 31, 1879 ; and in force May 31, 1879.] 

4447. Surplus special school revenue. It shall be the duty of 
the Board of School Trustees of any city or incorporated town in this 
State to pay over to the Common Council or Board of Trustees of such 



106 SCHOOL LAW OF INDIANA. 

city or town any surplus special school revenue in the hands of such? 
School Trustees, not necessary to meet current expenses ; such excess of 
the revenue aforesaid to be applied for the payment of the interest or 
principal, or both, of any indebtedness incurred under the provisions of" 
the act of March 8, 1873, authorizing cities and incorporated towns to 
negotiate and sell bonds to procure means to erect and complete unfinished 
school buildings, and to purchase any ground and building for school 
purposes, and to pay debts contracted for the erection and purchase of 
buildings and grounds. (1) 

1. See g4488-4490. 

2. Note. This section appears in the Revised Statutes as 4492, but being the- 
same in effect, and almost the same in terms as 4477, and a later enactment, it is 
here substituted for it. 

3. Payment for school house. A city can not pay for a school house out 
of its general fund. Such payment must be made out of a fund especially levied 
for that purpose. Nill v. Jenkinson, 15 Ind. 425. 

[1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.] 

4447a. Kindergartens. In addition to other grades or depart- 
ments now established in the common schools of the State, the Board of 
Trustees of any incorporated town or city are hereby empowered by law 
to establish, in connection with the common schools of such incorporated 
town or city, a kindergarten or kindergartens for the instruction of 
children between the ages of four and six, to be paid for in the same- 
manner as other grades and departments now established in the common 
schools of such incorporated town or city: Provided, however, That no 
money accruing to such incorporated town or city from the ' ' school rev- 
enue for tuition fund" of the State shall be used to defray the tuition 
and other expenses of such kindergarten ; but the same may be defrayed 
from the local tax for tuition and the special school revenue of said in- 
corporated town or city. (1) 

[1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 

44471b. Night schools. In all cities having a population of three 
thousand, or more, according to the census of 1880, the School Trustees 
of such cities shall keep and maintain a night school, between the hours 
of seven and nine and a half o'clock p. m. , during the regular school 
terms as a part of the systems of common schools whenever twenty or 
more inhabitants of such city having children between the ages of four- 
teen and twenty-one years of age, or persons over the age of twenty-one 
years of age, and who, by reason of their circumstances, are compelled 
to be employed, or have their children employed during the school days:. 



SCHOOL LAW OF INDIANA. 107 

to aid in the support of such families, who desire to and who shall attend 
such school, shall petition such School Trustee so to do. (1) 

Note. If a city or town has a population of 3,000 by the census of 1890, it is 
entitled to maintain a night school. — A. G. Smith, Atty-Gen. 

4447c. Age of pupils. All persons between the ages of fourteen 
and thirty, who are actually engaged in business or at labor during the 
day, shall be permitted to attend such school. (2) 

[1891, p. 348. Approved and in force March 7, 1891.] 

4447d. Manual training schools. In all cities of the State of 
Indiana having a population of one hundred thousand or over, as shown 
by any census taken, by lawful authority, it shall be lawful for the Board 
of School Commissioners, or other school authorities having charge and 
management of the common schools of said city, to establish in connec- 
tion with and as part of the system of common schools therein, a sys- 
tem of industrial or manual training and education wherein shall be 
taught the practical vise of tools and mechanical implements, the ele- 
mentary principles of mechanical construction and mechanical drawing. 

(1) 

'' 444 7e. Teachers and instruction. Such Board of School Com- 
missioners, or other school authorities, upon establishing such system of 
manual or industrial training and education, shall employ competent 
instruction in the various subjects to be taught, and establish such gen- 
eral rules and regulations for the admission of pupils and the conduct of 
the schools wherein the same shall be taught as in their judgment will 
produce the best results, and give instruction to the largest number of 
pupils practicable. They may provide for such instruction in separate 
rooms, or separate buildings, as in their judgment may be most advan- 
tageous. (2) 

4447f. Tax levying to support schools. Any such Board of 
School Commissioners or other school authorities, having decided to es- 
tablish such system of industrial or manual training, shall have authority, 
in addition to all other taxes now authorized to be levied, to levy a tax 
of not exceeding five cents on each one hundred dollars of property 
liable for taxation for school purposes, to be levied and collected as other 
taxes for school purposes are levied and collected, for the purpose of 
purchasing grounds and erecting buildings, or for renting buildings 
wherein such instruction shall be given, the purchase of all necessary 
tools, implements and apparatus, and for the payment of instructors and 
other expenses incident to the maintenance thereof: Provided, That no 

9 — ScHOox, Law. 



108 SCHOOL LAW OF INDIANA. 

portion of the taxes so levied and collected shall be applied to any other 
purpose, (3) 

[1877, p. 18. Approved and in force March 3, 1877.] 

4448. Tilings legalized. Where the excess of special school rev- 
enue not necessary to meet the current demand upon such revenue shall 
have been, prior to the passage of this act, loaned, paid over, or applied, 
as provided in the preceding section, such loan, payment, or application 
of such moneys is hereby legalized and made valid, as fully and com- 
pletely as if this act had been in full force and effect at the time such 
transaction took place. (2) 

[1865, p. 3. Approved and in force Mareli 6, 1865.] 

4449. Teacher's reports. To enable the Trustees to make reports 
which are required of them by this act, the teacher of each school, 
whether in township, town or city, shall, at the expiration of the term 
of the school for which such teacher shall have been employed, furnish a 
complete report to the proper Trustee, verified by affidavit, showing the 
length of the school term, in days ; the number of teachers employed, 
male and female, and their daily compensation ; the number of pupils 
admitted during the term, distinguishing between males and females, 
and between the ages of six and twenty-one years ; the average attend- 
ance ; books used and branches taught, and the number of pupils en- 
gaged in the study of each branch. Until such report shall have been so 
filed, such Trustee shall not pay more than seventy-five per centum of 
the wages of such teacher, for his or her services. (20) 

1. The report final. The law requires a teacher to make a report to the 
Trustee at the end of the term for which said teacher shall have been employed. 
I think the contemplated report is a final report. It may be at the end of two, 
three or four months, as the case may be, or at the end of the year. I think that 
a report made in the middle of a term would not be a final report as contemplated 
by the law, unless the teacher at that time severed his connection with the schools. 
— Smart, Supt. 

2. Teacher excused, when. If the school authorities fail to furnish a 
building in which to teach the school, or refuse to furnish a school to be taught, 
or wrongfully discharge the teacher, such teacher is excused from making a re- 
port. Charlestown Township v. Hay, 74 Ind. 127. 

3. Withholding wages. The provision on this subject is designed to give 
the Trustee a means of securing the final report from the teacher. It will gener- 
ally be sufficient for this purpose to withhold a part or all of the wages of the last 
month only before the report becomes due. Any other practice would inflict on 
teachers a hardship which I am persuaded was not intended by the Legislature. — 
liolcombe, Supt. 

4. SxHT. It is a part of a teacher's contract that he will make a report, and 
until he does so he can not recover more than three-fourths of his wages, unless 



SCHOOL LAAV OF INDIANA. 109 

the Trustee has waived the report ; and the burden is on the teacher to show either 
that he made the report or it was waived, if he desires to recover the full amount 
of his earnings. Owen School Township v. Hay, 107 Ind. 351. 



L1883, p. 118. Approved and in force March 6, 1883.] 

4450. Trustees' report. The Trustees of each township, town 
or city, shall, annually, on the first Monday of August, make their re- 
port for the school year ending on the 31st day of July, and furnish to 
the County Superintendent the statistical information obtained from 
teachers of the schools of their respective townships, towns, or cities, 
and embody in a tabular form the following additional items : The 
number of districts ; schools taught, and their grades ; teachers, males 
and females ; average compensation of each grade ; balance of tuition 
revenue on hand at the commencement of the current year ; amount 
received during the year from the County Treasurer, and amount ex- 
pended within the year for tuition ; and balance on hand ; length of 
school taught within the year, in days ; school houses erected during the 
year ; the cost of the same ; the number and kind before erected, and 
the estimated value thereof, and of all other school property ; number 
of volumes in the library, and the number taken out during the year 
ending the 31st day of July ; also the number of volumes added thereto ; 
assessment on each one hundred dollars of taxable property, and on each 
poll of special tax for school house erection, and amount of such levy ; 
balance of special school revenue on hand at the commencement of the 
current year ; amount received during the year from the County Treas- 
urer ; the amount of said revenue expended during the year, and bal- 
ance on hand ; the number of acres of unsold congressional school lands, 
the value thereof, and the income therefrom ; together with such other 
information as may be called for by the County Superintendent and the 
Superintendent of Public Instruction. (21) 

1. Amendments. The amendment of this section, and of sections 4431 and 
4441, is due to the recommendation of State Superintendent John M. Bloss, and 
is a very beneficial measure. Heretofore Trustees made their annual reports of 
receipts and expenditures of school revenues to the County Superintendent on 
September 1st, and to the County Commissioners early in October (g4441), in each 
case for the year then ending. The result was great confusion between the two 
reports, rendering accuracy almost impossible. The amendment of the sections 
gives a standard year for all financial and statistical reports of School Trustees. 
The State Superintendent's report for 1882 (John M. Bloss) contains, on pages 123- 
133, an Instructive account of this matter. 

2. See sections 4431, 4441 and 4452. 



110 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4451. Failure to report. On failure of any Trustee to make 
either the statistical report required by the last preceding section, or 
the report of the enumeration required by the sixteenth section of this 
act [§4473], or the report of finances required by the seventh section 
of this act [§4441], to the County Superintendent, at the time, and in 
the manner specified for each of said reports, the County Superintend- 
ent to whom such reports are due shall, within one week of the time 
the next semi-annual apportionment is to be made by the Auditor of the 
county, notify said Auditor, in writing, of any such failure ; and the 
Auditor shall diminish the apportionment of said township, town or city 
by the sum of twenty-five dollars, and withhold from the delinquent 
Trustee the warrant for the money apportioned to his township, town or 
city, until such delinquent report is duly made and filed. For said 
twenty-five dollars, and any additional damages which the township, 
town or city may sustain, by reason of stopping said money, such Trustee 
shall be liable on his bond, for which the County Commissioners may 
sue. (22) 

4452. Neglecting duties. If a Trustee shall fail to discharge any 
of the duties of his office relative to the schools, any person may main- 
tain an action against him for every such offense, in the name of the 
State of Indiana, and may recover, for the use of the common school 
fund, any sum not exceeding ten dollars ; which sum, when collected, 
shall be paid into the county treasury, and added by the County Audi- 
tor to said fund, and reported accordingly. (23) 

4453. Failing to serve. Any person elected or appointed such 
Trustee, who shall fail to qualify and serve as such, shall pay the sum 
of five dollars, to be recovered as specified in the preceding section for 
the use therein named, and in like manner added to said fund, unless 
such person shall have previously served as such Trustee. (24) 

4454. Trustee's accounts. The books, papers and accounts of 
any Trustee, relative to schools, shall at all times be subject to the in- 
spection of the County Superintendent, the County Auditor, and the 
Board of County Commissioners of the proper county. (141) 

4455. Examination of Trustee and his books. For the pur- 
pose of such inspection, such County Superintendent, Auditor, and 
Board of County Commissioners may, by subpoena, summon before them 
any Trustee, and require the production of such books, papers and ac- 
counts, three days' notice of the time to appear and produce them be- 
ing given. (142) 



SCHOOL LAW OF INDIANA. Ill 

4456. Correction of accounts — Removal. If any such books 
■nnd accounts have been imperfectly kept, said Board of Commissioners 
may correct them, and, if fraud appear, shall remove the person guilty 
thereof. (143) 

1. Only the Board of Commissioners can correct the Trustee's books. The 
County Superintendent has no power to make or order corrections on his own re- 
sponsibility, but may direct and assist Trustees in keeping their accounts and 
securing accuracy, and for such labor he is entitled to compensation. — Holcombe, 
Supt. 

2. Inspection. The County Commissioners may inspect a Trustee's books 
to see if money paid out has been paid out according to law ; and if fraud ap- 
pears, to refuse to allow him credit for it, but otherwise they can not refuse to 
allow his claims. — LaFoUette, Supt. See, also, Bicknell v. Widner School Town- 
ship, 78 Ind. 501. 

3. A trustee may be dismissed for bribing an officer, section 2051, R. S. 1881, 
or for being interested in a public contract, section 2049, E. S. 1881. — Varies, Supt. 

4. A County Superintendent may examine a trustee's books to see if tuition 
revenue has been paid out for attendance upon township institutes (sec. 4520), and 
he should report all frauds or inaccuracies to the County Commissioners for cor- 
rection. — Vories, Supt. 

[1871, p. 20. Approved and in force March 1, 1871.] 

4457. School system in large cities. In all cities of this State 
©f thirty thousand or more inhabitants according to the United States 
census for the year eighteen hundred and seventy, there shall be elected, 
by the qualified electors of each school district of such city, one school Com- 
missioner, to serve as a member of the Board of School Commissioners 
of such city. The first regular election for School Commissioners, under 
this act, shall be held on the second Saturday in June, in the year eigh- 
teen hundred and seventy-one, at the places to be fixed on for holding 
such election in the school districts of such city by the Common Council. 
All elections for School Commissioners shall be held in the same manner 
as elections are now held, and shall be governed by the same laws that 
now govern general and municipal elections. The persons declared 
elected shall have issued to them, by the City Clerk, certificates of elec- 
tion ; and they shall, within ten days thereafter, take an oath of office, 
and file the same with the City Clerk. All regular elections for School 
Commissioners shall, thereafter, be held annually, on the second Saturday 
in June. (1) 

1. Indianapolis is the only city which has organized its schools under this 
section. 

4458. School districts. It is hereby made the duty of the Com- 
mon Council of any such city, on or before the first Monday in May, 
1871, by ordinance, to district the city into as many school districts as 



112 SCHOOL LAW OF INDIANA. 

there are wards, and to define the boundaries of each district, and such: 
boundaries may be the present ward boundaries, or otherwise, as the 
Common Council may determine. Such school distiicts shall, however, 
be subject to change by the Board of School Commissioners at any time 
after its organization; and in case the number of districts is increased, 
each additional district shall be entitled to elect one School Commissioner 
for such district at the annual election for School Commissioners. The 
Common Council shall, at the time such ordinance is adopted creating 
such disricts, order an election to be held in each of such districts for 
School Commissioners thereof, on the second Saturday in June follow- 
ing ; and shall direct the City Clerk to give ten days' notice thereof in 
some daily newspaper of such city. (2) 

4459. Organization — Term — Yacancies. On the first Monday in 
July following the first election of School Commissioners herein provided 
for, such School Commissioners shall assemble at the office of the Board 
of School Trustees of such city, and proceed to organize the Board of 
School Commissioners of such city, by electing one of their number as a 
president, one of their number as a treasurer, and one of their number 
as a secretary ; each of which ofiicers shall serve for one year and until 
his successor is elected and qualified. The members of such Board of 
School Commissioners shall then determine, by lot, which three of their 
number shall hold oflace for three years, and which three shall hold 
ofiice for two years; and, after having so determined, the president of 
the Board shall issue to the persons so determined certificates entitling 
them to hold office for the terms respectively allotted; and the re- 
maining members shall receive, from the president of the Board, 
certificates showing that each is entitled to hold office for one year ; and 
all persons elected as School Commissioners at the annual elections there- 
after shall be entitled to hold office for three years each. All vacancies 
occurring at anytime prior to the .annual election shall be filled by a 
ballot vote of a majority of the members of such Board ; and the per- 
sons so elected to fill such ' vacancies shall serve until the next annual 
election for School Commissioners. All persons elected at any regular 
annual election, or by the Board to fill any vacancy, shall serve until 
their successors are elected and qualified. It is hereby made the duty 
of the Board of School Trustees in office at the time of the organization 
of the Board of School Commissioners, to at once turn over to the Board 
of School Commissioners all books and papers pertaining to their trust, 
and to place in possession of the Board of School Commissioners all 
moneys, title papei's, and property belonging to the School Trustees of 
Common Schools of such city ; and such Board of School Trustees shall. 



SCHOOL LAW OF INDIANA. 113 

thereafter cease to perform any and all duties whatever connected with 
the schools of such city. (3) 

4460. Duties and powers. Such Board of School Commissioners 
is hereby authorized — 

First. To district the city for the purpose of electing School Commis- 
sioners therein, and also to subdivide the city for general school purposes. 

8econd. To levy all taxes for the support of the schools within such 
city, including such taxes as may be required for paying teachers, in ad- 
dition to the taxes now authorized to be levied by the General Assembly 
of this State by the general laws thereof: Provided, No such tax levy, 
in any one year, shall exceed the sum of twenty-five cents on each one 
hundred dollars of the taxable property, as assessed for city taxes by the 
City Assessor, for purchasing grounds, building school houses, and fur- 
nishing supplies for such buildings ; or twenty-five cents on each one 
hundred dollars of such taxable property, for the purpose of paying 
teachers. 

Third. To levy a tax, each year, of not exceeding one-fifth of one 
mill on each dollar of taxable property assessed for city taxes by the 
City Assessor, for the support of free libraries in connection with the 
common schools of such city ; and to disburse any and all revenue raised 
by such tax levy in the purchase of books, and in the fitting up of suit- 
able rooms for, such libraries, and for salaries to librarians ; also to make 
and enforce such regulations as they may deem necessary for the taking 
out from and returning to; and for the proper care of, all books belong- 
ing to such libraries, and to prescribe penalties for the violation of such 
regulations. 

Fourth. To examine, either by a committee of such Board of School 
Commissioners or by an ofiicer of such Board, selected for that purpose, 
all teachers applying for positions in the schools of the city ; and to 
license such as may be qualified — ^such license to be limited to the city 
in, which the same is granted. 

Fijth. To purchase grounds, construct school buildings, purchase 
supplies, employ and pay teachers, appoint Superintendents, and dis- 
burse, through the treasurer of the Board of School Commissioners, 
moneys for all school and library expenses. 

Sixth. To require the treasurer of the Board of School Commission- 
ers to give bond in such sum, and with such surety, as the Board may 
determine, for the faithful discharge of his duties, and for the safe-keep- 
ing and faithful accounting for all moneys that may come into his hands 
:as such treasurer. 

Seventh. To establish and enforce regulations for the grading of and 



114 SCHOOL LAW OF INDIANA. 

course of instruction in the schools of the city, and for the government 
and discipline of such schools. 

Eighth. To prepare, issue and sell bonds to secure loans, not exceed- 
ing in the aggregate the sum of one hundred thousand dollars, in antici- 
pation of the revenue, for building school houses, to bear such rate of 
interest, not exceeding ten per cent, per annum, and payable at such 
time, within five years from date, as the board may determine ; and the 
money obtained as a loan on any such bonds shall be disbursed by order 
of such Board, in payment of expenses incurred in building school 
houses : Provided, That until all the bonds of any one issue shall have 
been redeemed, such Board shall not be authorized to make another 
issue ; nor shall any such bonds be sold at a less rate than ninety-five 
cents on the dollar. (4) 

1. Can not levy poll tax. The Board of School Commissioners has no- 
power to levy a poll tax for the support of the common schools of the city, or for 
a special fund for the support of such schools. The Board v. Magner, 84 Ind. 67. 

2. Fifth and eighth clauses. Under the fifth clause the School Com- 
missioners have power to contract for the erection and completion of school 
houses, and to agree to pay therefor jjartly in cash and partly on time, and to make 
and deliver their notes for the deferred payments, which are valid obligations, 
binding upon their school cities, notwithstanding the fact that there may be at the 
time outstanding bonds to the amount of $100,000, issued and sold under the 
eighth clause, to secure loans in anticipation of the revenue, for building school 
houses, and that such money had been disbursed for that purpose. The powers 
conferred under the fifth clause are limited only by the educational wants of the 
school corporations under the Board's control, in the exercise of a sound and reason- 
able discretion. The eighth clause was not intended to be, and is not, a limitation 
upon the general powers conferred upon the Board by the fifth clause. It confers 
additional and extraordinary powers not conferred upon school corporations gen- 
erally, and the proviso therein contained is a limitation only on the Board's exer- 
cise of such additional and extraordinary powers. Fatout v. Board, etc., 102 
Ind. 223. 

3. Notes. Notes executed by the Board in settlement of just debts fairly 
contracted for the legitimate purposes of the school corporation, do not come \^ith- 
in the meaning of the eighth clause, or of the proviso, and are valid. Fatout v. 
Board, etc , 102 Ind. 223. 

4. Tax levy. See Acts 1885, p. 17, Sec. 9. 

5. Mechanic's lien — Public policy. A mechanic's lien for work done, or 
materials furnished, in the erection of a public school house, can not be acquired 
or enforced. It is against public policy. 102 Ind. 223, overruling 17 Ind. 225. 

4461. Tax collection and payment. All levies of taxes made by 
order of the Board of School Commissioners shall be certified by its 
president and secretary to the City Clerk, who shall cause the same to 
be placed on the tax-duplicate against all property assessed for city 
taxes ; and the City Treasurer shall collect the same as city taxes are 



SCHOOL LAW OF INDIANA. 115 

collected, and shall, once in each month, pay over all such taxes so col- 
lected to the treasurer of the Board of School Commissioners of such 
city. All taxes hereafter collected by the County Treasurer for school 
purposes on levies hereafter made, and all moneys that may be hereafter 
distributed as part of the common school fund by county officers, to 
which the common schools of such city shall be entitled, shall be paid 
over by the County Treasurer to the treasurer of the Board of School 
Commissioners ; and all taxes hereafter collected by the City Treasurer 
on levies heretofore made for school purposes, shall be paid over by such 
Treasurer, once in each month, to the treasurer of the Board of School 
Commissioners of such city. (5) 

4462. Sessions— Record — No pay. The said Board of School 
Commissioners shall hold its sessions at such times as it may determine, 
and shall keep a record of all its proceedings. The members of such 
Board shall serve without any compensation whatever. (6) 

4463. General school law in force. All parts of the general 
school laws of this State, not inconsistent herewith, and which may be 
applicable to the general system of the common schools in such city, 
herein provided for, shall be in full force and effect in such city. (8) 

[1877, p. 123. Approved and in force March 3, 1877.] 

4464. Temporary loans. The Board of School Commissioners of 
any city embraced within the provisions of sections 4457 to 4463, may, 
whenever the funds for the support of the common schools in. such city 
throughout the regular school year shall be insufficient or exhausted, 
make temporary loans for the support of such schools during such time, 
and until the receipt of the school revenue of the current year ; but no 
more than is sufficient for such purpose, nor the amount of such revenue 
for the current year, shall be borrowed at any one time, and no further 
loan shall be made until such temporary loan shall be paid. (1) 

[1889, p. 101. Approved and in force March 5, 1889.] 

4464a. Bonds to pay debts. Boards of School Commissioners in 
all cities of this State having thirty thousand or more inhabitants ac- 
cording to the United States census for the year eighteen hundred and 
seventy, are hereby authorized to prepare, issue and sell bonds to secure 
loans not exceeding in the aggregate, at any one time, the sum of two 
hundred and fifty thousand dollars, in anticipation of the revenue for 
purchasing grounds and building school houses, to bear such rate of in- 
terest, not exceeding six per cent, per annum, and payable at such time 
within ten years from date as the Board may determine ; and the money 
obtained as a loan on any such bonds shall be disbursed by the order of said 



116 SCHOOL LAW OF INDIANA. 

Board in payment of indebtedness incurred in the purchasing of grounds,, 
or building of school houses, or in refunding any bonds or other evidence- 
of indebtedness issued for such purpose. Such bonds may be issued in 
such denominations and in such sums as the Board of School Commis- 
sioners may deem to be expedient : Provided, That at no time shall the 
amount of such bonds so issued by any such Board of School Commis- 
sioners, then outstanding, exceed said sum of two hundred and fifty 
thousand dollars : And provided, further, That such bonds shall not be 
sold for less than their par value. (1) 

Note. For tax to build and support libraries in large cities. See §4527 A., 
to 4527 E. 



AKTIC^LE III— TAXATION. 

[1895, p. 299. Approved and in force March 11, 1895.] 

4465. State tax. There shall be in the year 1895, and annually 
thereafter, assessed and collected, as other taxes are assessed and col- 
lected, the sum of eleven cents on each one hundred dollars' worth 
of taxable property, and fifty cents on each taxable poll in the 
State, which money, when collected, shall be paid into the School Rev- 
enue for Tuition Fund in the State Treasury, and shall be appor- 
tioned to the several counties of the State in the manner now provided 
by law. (3) 

1. An act of 1873 (p. 216) legalized tax levies for tuition made by School 
Trustees of cities prior to January 21, 1875. 

[1869, S. p. 41. Approved and in force May 13, 1869.] 

4466. Uniform tax. In assessing and collecting taxes for school 
purposes under existing laws, all property, real and personal, subject to 
taxation for State and county purposes, shall be taxed for the support of 
common schools, without regard to the race or color of the owner of the 
property. (1) 

[1873, p. 68. Approved and in force March 8, 1873.] 

4467. Special tax. The Trustees of the several townships, towns, 
and cities shall have the power to levy a special tax, in their respective 
townships, towns, or cities, for the construction, renting, or repairing of 
school houses, for providing furniture, school apparatus, and fuel there- 
for, and for the payment of other necessary expenses of the school, ex- 
cept tuition ; but no tax shall exceed the sum of fifty cents on each one- 
hundred dollars' worth of taxable property and one dollar on each poll, , 



SCHOOL LAW OF INDIANA. 117 

in any one year, and the income from said tax shall be denominated the 
special school revenue. Any tax-payer who may choose to pay to the 
Treasurer of the township, town, or city wherein said tax payer has prop- 
erty liable to taxation, any amount of money, or furnish building ma- 
terial for the construction of school houses, or furniture or fuel therefor, 
shall be entitled to a receipt therefor from the Trustee of said township, 
town, or city, which shall exempt such tax-payer from any further taxes 
for said purposes, until the taxes of said tax-payer, levied for such pur- 
poses, would, if not thus paid, amount to the sum or value of the ma- 
terials so furnished or amount so paid : Provided, That said building 
materials, or furniture and fuel, shall be received at the option of said 
Trustee. (12) 

1. The section constitutional. This question is decided in Eose v. Bath 
Tp., 10 Ind. 18, and several other cases. 

The school corporations of the State can not be authorized by statute to estab- 
lish and maintain schools separate and apart from the common school system of 
the State. Such a statute is unconstitutional. But they are not prohibited from 
aiding those common schools established under the supervision of the State, by 
levying a special tax. Lafayette v. Jenners, 10 Ind. 70; Greencastle Tp. v. Black, 
5 Ind. 557. 

2. Who levies. There can be no doubt but that the special tax authorized 
to be levied by section 12 of the school law is to be levied by the Trustee of the 
school township or by the Trustees for school purposes appointed by towns and 
cities. — Woollen, Atty-Qen. See note 8. 

It seems to me that the School Trustees levy the taxes authorized by section 12 
of the school law. — Baldwin, Atty.-Gen. See note 6. 

This view is sustained by the doctrine of Carmichael v. Lawrence, 47 Ind. 
554. 

The approval of the Board of County Commissioners of the levy made by the 
Township Trustee under this section is unnecessary ; and mandamus lies to compel 
the Auditor to place such tax on the duplicate, even when no such approval has 
been made. Cole v. State, 131 Ind. 591. No one can levy the tax for the Town- 
ship Trustee if he fail to levy it. Shepardson v. Gillette, 133 Ind. 125. 

3. Commissioners HAVE no control. By an act approved March 8, 1873, 
[§4467], the Legislature amended the act of 1865, giving Trustees the absolute 
right to levy a special tax by increasing the amount from twenty-five cents to fifty 
cents, and reaffirming the former law, otherwise in the very words of it. This 
clearly removes all authority of Commissioners over the Trustees in making their 
special school levies. — Hopkins, Supt. See notes 8 and 9. 

The Board of County Commissioners has no control over School Trustees in 
the levy of school taxes. — Smart, Supt. See notes 8 and 9. 

4. Surplus. A surplus in the special school fund can not be transferred to 
the tuition fund and used for the payment of teachers. — Michener, Atty-Gen. 

5. Bank stock. Shares of bank stock in a national bank are liable to the 
special tax authorized bv this section. Daniels v. Strader, 39 Ind. 63; Eoot v. Er- 
delmeyer, 37 Ind. 225, affirming 1 Wilson, 99. 

_ 6. Who levies and collects. The School Trustee of a school township 
levies the special tax authorized by this section ; the County Auditor extends it on 
the tax duplicate, and the County Treasurer collects it. — LaFollette, Supt. See 
notes 2, 8 and 9. 

7. Constitutional limit of debt. Where the indebtedness of a city or 
town has reached the constitutional limit of two per cent, it may contract for and 



118 SCHOOL LAW OF INDIANA, 

erect school houses, the cost of which to be paid in such installments as will fall 
within the annual income from the special school tax levy. — vl. O. Smith, Atty.- 
Oen. 

8. Board of School Trustees op city has power to make i.evy inde- 
pendent OP Commissioners — Duty op Auditor to make and extend the- 
ASSESSMENT. A Board of School Trustees, for the purpose of creating a special 
school revenue in accordance with sec. 4467, R. S. 1881, levied a special school 
tax of 40 cents on each flOO of taxable property in the city, and 50 cents on each 
poll. The special levy was duly certified to the Auditor of the county with the 
request that he make the proper assessment of the special school tax as levied by 
the Board of Trustees, and extend the same upon the tax duplicate; but the 
Auditor, under the direction of the Board of Commissioners, failed and refused 
to extend the assessment on the tax duplicate, and modified the levy made by the 
Board of School Trustees. Held, that section 4467, E. S. 1881, authorizes a Board 
of School Trustees of a city to levy the tax independently of the Board of Com- 
missioners, and when made it is the duty of the Auditor to make the assessment 
and extend the same on the tax duplicate. Wood, Auditor, v. School Corporation, 
of City of Tipton, 132 Ind. 206. 

9. Commissioners have no control over levy made by Township 
Trustee. The expression of the law in 132 Ind. 206 (note 9 above) applies as- 
well to levies made by Township School Trustees as to School Trustees in cities. 
In making levies for school purposes the Trustee acts as Trustee of the school 
corporation, not the civil corporation, and therefore sec. 5995, R. S. 1881, which 
refers to the levying of taxes for civil purposes, does not authorize the Commis- 
sioners to control the Trustee in levying taxes for school purposes. — Voriee, Supi. 

10. General laws — Uniform system of schools. A system that secures to - 
all the various subdivisions of the State equal and uniform rights and privileges, 
leaving only to the local authorities the right, under the law, to govern the local 
school affairs, is a general and uniform system, and a law providing such a system 
is a general law within the meaning of the Constitution. 102 Ind. 307. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4468. Assessment and collection. The County Auditor shall, 
upon the property and polls liable to taxation for State and county 
purposes, make the proper assessments of special school tax levied by 
the Trustee, in the same manner as for State and county revenue, and 
shall set down the amount of said tax on his tax-list and duplicate 
thereof, as other taxes are set down, in appropriate columns ; and he 
shall extend said assessment to the taxable property of the person trans- 
ferred, which is situate in the township, town or city to which the trans- 
fer is made, and to the property and poll of the person transferred, sit- 
uate in the township, town or city in which the person taxed resides, ac- 
cording to the rate and levy thereof in the township, town or city to 
which the transfer is made, and for its use ; and said tax shall be collected 
by the County Treasurer as other taxes are collected, and shall be paid, 
when collected, to the Treasurer for school purposes of the proper town- 



SCHOOL LAW OF INDIANA. 119 

ship, town or city, upon the warrant of the County Auditor. To enable 
County Auditors correctly to assess said tax, the County Superintendents 
of the several counties shall, at the time they make out and report to the 
Auditor the basis of the apportionment of school revenue for tuition, as is 
required by section 4432, make out and report to said Auditor a state- 
ment of transfers which have been made for school purposes according 
to sections 4472 and 4473. (13) 

1. See sections 4432, 4472 and 4473 and notes. 

2. To receive township money. See section 6000, R. S. 1881. 

3. Levy of taxes on persost transferred. It is the duty of the Aud- 
itor to extend the school tax to all persons transferred to the township, town or 
city, and such tax is imposed upon all the property of such person situated in the 
township, town or city to which he is transferred, as well as to all his property 
situated in the township, town or city from which he is transferred. — Johns v. 
State, 13 Ind. 522. 

[1895, p. 153. Approved and in force March 7, 1895.] 

4469. Local tax for tuition. The school trustees of the several townships, 
towns and cities shall have power to levy annually a tax not exceeding thirty-five 
cents on each one hundred dollars of taxable property, and twenty-five cents on 
each taxable poll, which tax shall be assessed and collected as the taxes of State 
and county revenues are assessed and collected, and the revenues arising from 
such tax levy shall constitute a supplementary tuition fund, to extend the terms 
of school in said townships, towns and cities after the tuition funds apportioned 
to such townships, towns and cities from the State tuition revenues shall have 
been exhausted : Provided^ hmvever, That should there be remaining in the tuition 
fund of any township, town or city levying such tax at the close of any school 
year any unexpended balance of such supplementary tuition fund assessed and 
collected for use in such school year, or previous year, equal to or exceeding in 
amount one cent upon each one hundred dollars of taxable property in said town- 
ship, town or city, then it shall be the duty of the County Auditor to take notice 
of the same, at tlae time when the trustee or trustees of such school corporation 
shall make the annual levy for such tax such trustee or trustees shall make, under 
oath, an estimate of the amount of supplementary tuition fund that will be re- 
quired to meet the actual expenses of the schools for the next school year, and 
from such estimate said Auditor shall deduct the unexpended balance of such 
fund in such trustee or trustees' hands on the first Monday of July, and the said 
trustee or trustees shall make a levy not larger than shall be sufficient to produce 
a supplementary revenue equal to the amount remaining of such sworn estimate 
after such unexpended balance shall have been deducted therefrom. 

1. Who levies. It seems to me that the .civil trustees of towns levy this 
tax. The act says the trustees of the civil townships. — Baldwin, Atty.-Gen. 

2. By whom assessed. The local tuition tax should be assessed and col- 
lected by the County Auditor and Treasurer, as in the case of the special school 
tax. Though not provided in so many words that it shall be extended to the 
property of a transferred person, yet, inasmuch as his property is subject to 
the tax in some place, it is justice and equity that the corporation to which he 
transfers should have the benefit of it. But the statute makes some general state- 
ments which were, no doubt, intended to cover just such cases as the one that has 
here arisen. It provides that the funds arising from such tax shall be under the 
charge and control of the same officers, secured by the same guarantees, subject to the 
same rules and regulations, etc., as funds arising from taxation for common school 
purposes, by the laws of this State. The conclusion, therefore, is inevitable that 
the tuition tax should be extended to the property in the township of the trans- 
ferred person, and that it should be controlled by the county officers, and township 
and school trustees. — Hopkins, Supt. 



120 SCHOOL LAW OF INDIANA. 

3. Fees. A County Treasurer is not entitled to retain fees from the local 
tax for tiition collected by him, and the Attorney-General is authorized to require 
counties to make up the account of fees deducted by officers from such tax. — 
Michener, Atty.-Gen. 

4. Constitutional. The tax authorized by this section is valid, the sectiou 
being constitutional. — Robinson -y. Schenck, 102 Ind. 307: 133 Ind. 125. 

5. See section 4467, note 9. 

4470. Local tax, how applied. The funds arising from such tax shall be 
under the charge and control of the same officers, secured by the same guaran- 
tees, subject to the same rules and regulations, and applied and expended in the 
same manner as funds arising from taxation for common school purposes by the 
laws of this State : Provided, That the funds assessed and collected in any school 
township, school town or school city shall be applied and expended in the same 
school township, town or city in which such funds shall have been assessed and 
collected. (2) 

1. Anticipating. This revenue is not forbidden to be anticipated, as is the 
State's tuition revenue. — Harney v. Wooden, 30 Ind. 178. 

2. Tax on persons transferred — Report. Tax received by the Township 
Trustee from the County Treasurer which has been collected by him from persons 
transferred to such township must be applied to the tuition fund of such township 
under the head of "miscellaneous receipts." — LaFollette, Supt. 

[1871, p. 209. Approved and in force March 11, 1871.] 

4471. Special tax to pay deMs. In all cases where any Town- 
ship Trustee may have heretofore made and contracted debts against any 
township in the construction, repairing, or completion of school houses, 
or in providing furniture or school apparatus therefor, and the special 
school revenue tax, as provided for in section 4467, shall be insufficient 
to satisfy, pay, and liquidate debts so made and contracted by such 
Trustee, then, and in that case, it shall be lawful and such Township 
Trustee is hereby authorized to levy an additional tax of not exceeding 
twenty-five cents on each one hundred dollars' worth of taxable prop- 
erty, in any one year, to the amount now authorized to be levied under 
said section, for the purpose of paying, satisfying, and liquidating the 
debts made and contracted by said Trustee, for the purposes aforesaid ; 
and it shall be lawful and said Trustee is hereby authorized to make said 
levy for each and every year after the passage of this act, until said 
debts, made and contracted as aforesaid for the purposes aforesaid, shall 
be fully paid, satisfied and liquidated : Provided, That nothing in this 
act shall be construed to alter, change, modify, repeal, or in any way 
conflict with section 4467 : Provided, further, That such additional levy 
shall only be made after the legal voters of the township to be afiected 
thereby shall have declared in favor thereof. (1) 

1. Time limited. This section applies to such debts only as were contracted 
previous to its taking eflfect, March 11, 1873, and does not authorize a levy to pay 
any indebtedness created since that date. — Hord, Atty-Qen. 

2. Mandate. It is the duty of the Trustee of a township to apply the tuition 
funds of the township, when received, to the payment of its indebtedness for tuition, 
and the performance of such duty may be enforced by mandate. — State v. Coop- 
rider, 96 Ind. 279. 



SCHOOL LAW OF INDIANA. 121 

[1885, p. 171. Approved and in force April 10, 1885.] 

4471a. Tax to complete town school houses and to support 
town schools. Seventeenth. Such Board of Trustees shall have power 
to complete school houses now in progress of erection, and provide for 
the payment of the same ; to erect or provide such school houses as may- 
be necessary for the use of schools of the town, to keep them in repair, 
and to provide fuel and other necessaries therefor. 

Nineteenth. The said Board of Trustees shall have power to levy and 
collect annual taxes not exceeding thirty cents on the one hundred dol- 
lars valuation on all property subject by law to taxation, for the support 
of town schools within their said corporation. 

Note 1. This statute has been declared valid in Shepardson v. Gillette, 133 
Ind. 125. 

ARTICLE ly.— El^UMERATIOI^. 

[1895, p. 127. Approved March 5, 1895. In force 1895.] 

4472. Trustee to take — His duties— Who enumerated. The 

School Trustees of the several townships, towns and cities, shall take or 
cause to be taken, between the tenth day of April and the thirtieth day 
of the same month, each year, an enumeration of all unmarried persons 
between the ages of six and twenty-one years resident within the respect- 
ive townships, towns or cities. 

Each person required or employed to take such enumeration shall take 
an oath or affirmation to take the same accurately and truly to the best 
of his skill and ability. Such oath or affirmation shall be made a matter 
of record and kept on file in the office of the School Trustee. 

In making the said enumeration, the Trustee, or person so employed, 
shall distinguish between the white and colored children, enumerating 
them in separate lists, and shall list the names of parents, guardians, 
heads of families, or persons having charge of such child or children, male 
or female, shall list the full name and give the sex and age of each child 
so enumerated, shall secure the signature of either parent, guardian, head 
of family, or person having charge of such child or children, certifying 
to the correctness of the same, or if this is impossible, shall secure the 
signature of some responsible person who can certify to the correctness 
of said list ; and he shall give the number of the school district to which 
such parent, guardian, head of family or person having charge of such 
child or children, is attached for school purposes, and the number and 
initials which designate the congressional township in which such parent. 



122 SCHOOL LAW OF INDIANA. 

guardian, head of family or person having charge of such child or chil- 
dren resides. In cities the said enumerator shall give, in addition to the 
above enumerated items, the street and number of the residence of such 
person. He shall include in such list all unmarried persons between the 
ages of six and twenty-one years, whose parents, guardians, heads of 
families or persons having charge of such child or children, shall have 
been transferred to his townshijD, town or city for school purposes ; and he 
shall exclude from such list all persons whose parents, guardians, heads of 
families, or persons having charge of such child or children shall have 
been transferred from his township, town or city for school purposes. He 
shall not include in such list any persons residing temporarily in his 
township, town or city for the purj^ose of attending school, or who are 
members of a family staying temporarily in his township, town or city, 
but whose actual residence is elsewhere. He shall include in his list 
such unmarried j)ersons between six and twenty-one years of age as are 
dependent upon themselves and not under charge of parents, guardian 
or heads of families, and shall so designate such persons in a separate 
list, giving in cities the street and number of the residence of such per- 
sons. He shall enumerate no one who is not reported to him personally, 
and properly certified to as herein provided, except in cases of minors 
who are dependent upon no one, and not inmates of any family who may 
be reported as herein provided for : Provided, That if any parent, 
guardian, head of family, or person having charge of any child, shall be 
absent, the enumerator shall ascertain the facts required from other re- 
liable sources, and sign his own name to the certificate herein required ; 
and in case any parent, guardian, head of family, or person having 
charge of any child entitled to school privileges shall refuse to report to 
the enumerator any facts herein required, necessary to a full and accu- 
rate enumeration, he shall be deemed guilty of a misdemeanor and upon 
conviction shall be fined not less than one nor more than ten dollars. 
Each person required or employed to take the enumeration as provided 
for in this act, shall, when making returns of said enumeration, to the 
proper officers, make affidavit or affirmation that he has taken and re- 
turned the enumeration in accordance with the provisions of this act, to 
the best of his knowledge and belief, and that such list contains the 
names of all persons entitled to be enumerated, and no others. The 
officer to whom such return is- required to be made may take and shall 
certify such affidavit or affirmation, and shall keep in his office such affi- 
davit or affirmation and such report and list of names ; and each person 
so taking and returning the enumeration shall be allowed by the Town- 
ship School Trustee, or the School Trustees of incorporated towns and 
cities, reasonable compensation per diem, for his services, to be paid 
out of the special school fund of such township, town or city. Any 
person appointed as enumerator, or any officer through whose hands the 
enumeration required by this act shall pass, who shall knowingly enu- 
merate persons not entitled to be enumerated, or who shall in any man- 
ner, add to or take from the number actually enumerated, shall be deemed 
guilty of a misdemeanor, and, upon conviction of such offense, shall be 
fined in any sum not less than five nor more than one hundred dollars, 
or imprisonment in the county jail not less than ten nor more than thirty 
days, at the discretion of the court. (14) 



SCHOOL LAW OF INDIANA. 123 

1. Who may be enumerated. Only persons between the ages of 5 [now 6] 
•and 21 years are entitled to be enumerated, and to have the benefits of the common 
schools. — Draper?;. Cambridge, 20 Ind. 268. A minor attains to 21 years of age 
on the day preceding the twenty-first anniversary of his birth. — Wells v. Wells, 
€ Ind. 447. 

2. Residence. The legal domicile and residence of a minor, not emanci- 
pated, is that of his parents. Parents residing in another State can not send their 
children into this State for the purpose of procuring an edncation, and enable 
them to acquire such a residence here as will entitle them to admission into the 
common schools of this State, unless the circumstances are such as will create a 
bona fide legal residence here. — Wheeler i;. Brown, 18 Ind. 14. See notes 7 and 10. 

While this section declares that the privileges of the school shall be limited to 
such persons as were attached to the school at the time of the enumeration, it must 
not be so construed as to exclude persons who move into a district after the enu- 
meration. Such a construction would, in many cases, work serious detriment. — 
JSoss, Supt. 

3. Non-resident students. Persons residing temporarily within a corpo- 
Tation, for the purpose of studying at a school or college there located, do not 
acquire a legal residence therein, and the Trustees of such corporation have no 
Biore right to enumerate them than they would have to enumerate a Sunday-school 
picnic from a neighboring county that they might chance to find spending a day 
within their borders. — Bloss, Supt. 

4. Choice of districts. It should be borne in mind by the Trustee that the 
choice of a school district is not to be an annual, but a permanent, choice ; and it 
will be well to inform every parent or guardian, at the time of making the enu- 
meration, of the permanent character of the preference thus to be expressed, so 
that there shall be no just cause of complaint on the part of any. — Mills, Supt. 

A person may be detached from one district and attached to another at any 
time during the year, with the consent of the Trustee, upon presentation to him 
of a suitable reason therefor; but a person whose school privileges have been af- 
fected by his removal, or by the re-location of a school house, has the right at the 
next enumeration to choose a district in the township to which he will be 
attached. — Smart, Supt. 

The distinction must be observed between a transfer and an attachment to a 
district, the former being a change from one corporation to another, the latter 
from one district to another in the same corporation. — Bloss, Supt. 

5. Choice of schools in cities and towns. There is no provision in the 
law, that we are aware of, authorizing parents or guardians to determine to which 
one of the schools they will send their children in towns and cities. These mat- 
ters are managed, we believe, by the Trustees exclusively, in towns and cities, 
who, doubtless, to some extent, consult the wishes of the inhabitants, having in 
view the grade of the school which it is proper that any given pupil should at- 
tend, the convenience of parents and the surrounding circumstances. — Crawfords- 
ville V. Hays, 44 Ind. 207. 

6. Transferred persons. I believe that it is the duty of the School Trus- 
tee of the corporation to which the transfer is made to enumerate the transferred 
person, even though he is obliged to go outside his civil corporation to do this. — 
Smart, Supt. 

7. Privileges of certain children. The School Trustees are required to 
"*'make an enumeration of the children, white and colored, within their respective 



124 SCHOOL LAW OF INDIANA. 

townships, towns and cities," and to "list the names of parents, guardians or heads 
of families, male and female, having charge of such children." The law in this 
section recognizes three distinct relations in which the person having charge of a 
child may stand to the child, viz., parent, guardian and head of a family. The 
term "heads of families" must refer to a relation not included in the terms 
"parents" and "guardians." I think it is intended to cover cases where a person 
has children of school age in his home and under his protection, whether as em- 
ployes or as members of his family, though without formal adoption or legaL 
guardianship. But there are other cases which the provision of the statute as to 
listing names does not include, but which must be provided for under the require- 
ment for enumerating the children within the several corporations. The domicile 
of a minor is with his parent or guardian, and in theory every minor is supposed 
to have a guardian. But, in fact, many are completely sui juris, independent of 
parental control or support, and living by their own labor. The homes of such, 
for the purposes of this section, must be the places where they are employed or stay 
without any immediate intention of departing therefrom. No one can be said to 
have charge of them, they do not live at the homes of their employers, and are not 
under their protection as heads of families. They are none the less entitled to 
school privileges under what our Constitution requires to be a "general and uniform 
system of common schools, wherein tuition shall be without charge, and equally 
open to all." 

The Supreme Court remarks, incidentally, in Johnson t;. Smith, 64 Ind. 275 : 
"The theory of these statutory provisions is, that each and every child of the proper 
age, without regard to race or color, within the limits of this State, is entitled of 
right, and without charge for tuition, to the benefits of such an education as may 
be obtained in and by our common schools." 

I hold, therefore, that all persons between the ages of six and twenty-one years 
are entitled to school privileges, and may be enumerated in the school corporations 
in which they, in good faith, have their home — understanding home in the general 
sense, not in the technical sense of legal domicile. Those who are in any way in 
charge of a resident head of a family should be so enumerated ; those who can not 
be so assigned may be enumerated as without guardian. In acting under this in- 
terpretation Trustees should guard against imposition, by finding out whether the 
case can be brought under the law of transfer (§4473 and 4474) ; and, if not, whether 
the child is dependent upon himself for support, or upon the person with whom he 
lives. In either case he should be admitted to the schools. But children can not 
legally be maintained and sent to school by parents or guardians in corporations 
other than those in which they themselves reside, nor can a minor become a resi- 
dent of a school corporation merely to acquire an education therein. (Note 2, 
above.) — Holcombe, Supt. See note 10. 

8. YotJNG CHiiiDKEN. While a child not six years of age at the time of enu- 
meration can not be enumerated, yet if he becomes six years of age after such enu- 
meration and before the next enumeration, he is entitled to school privileges after 
he arrives at the age of six. — LaFollette, Supt. 

9. Colored children. The Township Trustee will not be compelled by the 
courts to make a separate list of colored children, unless a separate school for them 
is practicable. — State v. Grubb, 85 Ind. 213. 

10. Poor children — Enumeration of. To establish the rule that a minor 
can not have a residence for school purposes other than that of his parents would 
in many cases deprive such minor of all benefits of such schools. When the - 



SCHOOL LAW OF INDIANA. 125 

minor has poor parents the poverty of the parents renders it absolutely necessary, 
in many cases, that a home for the minor children should be found in places differ- 
ent from that of the parents ; and under the construction insisted upon by the 
learned counsel for the relator (the School Board), such unfortunate children, for 
whose benefit our free schools were especially instituted, would be deprived of all 
benefit of them. 

But the residence of pupils, with or without legal domicile, should not be 
changed for the sole purpose of taking advantage of the best schools. The opin- 
ion continues : Effort has been made to guard against the precipitancy of non- 
residents to points where superior advantages exist, and schools of a high order 
are maintained, by holding that such children only are entitled to free tuition as 
are actually residing in the district for other, as a main purpose, than to partici- 
pate in the advantages which the school affords. State v. Thayer, N. W. Kep., 
vol. 41, p. 1014. 

The Trustee should investigate all doubtful cases to see that no fraud is 
practiced upon his corporation, but he should at the same time remember that it 
is a very serious matter to deprive a child of the privileges of the public school. 
Eich or well-to-do parents or guardians should not be permitted to dodge the re- 
sponsibility of school taxes, but if the parent is poor it is economy as well as 
humanity to err on the side of the poor ; and in the education and moral uplift- 
ing of the child the corporation will be the gainer, financially and morally. — 
Varies, S^lpt. 

11. Mandate — Pleadings. In an application for a mandate to enforce the 
admission of a person to a common school, the complaint should affirmatively 
show that the applicant is under twenty-one and not under five [now six] years of 
age, and unmarried, or such complaint will be bad on demurrer. Draper v. Cam- 
bridge, 20 Ind. 268. 

12. See sec. 4496 a, note 1. 

13. Old statute. Before this statute was amended, the report of the Town 
ship Trustee was conclusive upon the County Superintendent, and he could be 
compelled by mandate to forward it as returned to the Superintendent of Public 
Instruction. Young v. State, 37 N. E. Eep. 984. 

[1865, p. 3. Approved and in force Mareli 6, 1S65.1 

4473. Transfer. When persons can be better accommodated at the school of 
an adjoining township, or of any incorporated town or city, the Trustee of the 
town or city in which such persons reside shall, if such person so request, at the 
time of making the enumeration, transfer them, for educational purposes, to such 
township, town or city, and notify the Trustee of such transfer ; which notice shall 
furnish the enumeration of the children of the persons so transferred. Each 
Trustee shall, with his report of the enumeration, report distinctly the persons 
transferred to his township, town or city for school purposes; indicating in said 
report the number of children in charge of the persons transferred, with the same 
particularity that is observed in the enumeration. (16) 

1. The right of transfer. Persons can be transferred at no other time 
than the enumeration, and then only when the Trustee is satisfied that they can be 
better accommodated. — Fletcher, Supt. 

Appeal. The right to be transferred is not absolute, depending upon the choice 
of the citizen, like the right to be attached to any school in his township. It can 



126 SCHOOL LAW OF INDIANA. 

only be claimed if he "can be better accommodated" by such transfer, and the 
power of the Trustee to make the transfer depends upon the existence of that condi- 
tion. Of necessity, then, he must determine whether or not the condition exists, 
and act upon such determination. But his decision is not final. Section 4537 ex- 
pressly provides for an appeal to the Examiner from all decisions of the Trustee r 
relative to. school matters; and for the purpose of preventing, as far as can be 
vexatious litigation, provides that the decision of the Examiner shall be final as 
to certain matters, among which is enumerated "transfers of persons for school 
purposes." — Fogle v. Gray, 26 Ind. 345. 

2. To WHAT CORPORATIONS. The word acZ/oinmf/ must be observed. Persons 
can only be transferred from one township to an adjoining township. It is difficult 
to see how a person (in view of the regularity with which our townships are laid 
out) could be better accommodated in a township not adjoining that in the One of 
his residence. But the word adjoining does not apply to towns and cities, except 
that it appears from §4474 that the city must not be farther away than the adjoin- 
ing county. — Bloss, Sttpt. 

3. Better accommodations. When a district, by reason of its own failure, 
neglect or want of interest, has not an efficient school, a party attached to the dis- 
trict can not claim the right of transfer, on the jalea of better accommodation, be- 
cause the school is a poor one, for it would be taking advantage of his own failure 
oi duty or want of interest. If a transfer under such circumstances could be 
claimed, it would work to the injury of many of our schools, as well as produce 
difficulty in their management. 

But if a large majority of the pu^sils of the district, in which the party desir- 
ing a transfer resides, are of a primary grade, so that pupils more advanced can 
not be accommodated, the party in question, on a pl«a of better accommodation, 
that his children may pursue studies more advanced than can be taught in the 
school, can claim the right of transfer, for in this case the transfer is not to the 
injury, but to the advantage and interest of the school. 

The term "better accommodated" the Legislature evidently intended should 
apply to those circumstances over which an individual has no control, aad not to 
those which he might have avoided or remedied. A person can not be transferred 
to avoid the payment of a high rate of taxes. — Baldwin, Atty.-Gen. 

Trustees should, under no circumstances, permit a transfer when they believe 
it is sought simply to avoid a tax in the township from which the person wishes to 
be transferred. Neither is dislike of neighbors or neighbor's children good cause 
for transfer. — Fletcher, Supt. 

4. Ee-tbansper. a person can not be transferred without his consent, nor 
can he be transferred if he has no children of school age. A transfer once made, 
need not be renewed at each enumeration, but remains until a re-transfer is made. 
When a transferred person ceases to have children of school age, a cause arises 
for a re-transfer to his original corporation ; but that cause must be followed up 
by an actual re-transfer and report by the proper ofiicers ; otherwise he continues 
in, and pays taxes upon his property in the district to which he was originally 
transferred. — Baldwin, Atty.-Gen. 

5. Duty of Auditor, Superintendent and Trustee. The additional labor 
required of the Auditor by a transfer is simply to enter the name of the party 
transferred and the value of his property situate in the township in which he re- 
sides upon the tax duplicate of the township to which the transfer is made, and 
assess upon such property the proper special school tax. All other property of the 



SCHOOL LAW OF INDIANA. 127 

party transferred is subject to special school tax in the township where it is situate. 
County Superintendents, in making the statements of transfers required by this sec- 
tion, should state distinctly the names of the parties transferred, the township in 
which each resides, and the township to which transferred. Nothing short of this 
will enable the Auditor properly to assess the special school tax required. For 
additional duty of Auditor, when transfers to another county, see sec. 4474 and 
notes. 

Notice of transfers should be given before the first day of May in order that 
the Trustee may be able to include the names of parties transferred in his list and 
enumeration, as required by section 4472. 

For the convenience of the County Superintendent, each Trustee should, at the 
time of making his report of enumeration, make a separate report of all transfers 
to his township with the same particularity required in taking the enumeration. 
— Hoss, Supt. 

6. Kecords of transfer. It is the duty of the Trustee that transfers, of 
the Trustee to whom the tranfer is made, of the Superintendent, and of the Au- 
ditor, each and all, to keep an official record of all transfers of children for school 
purposes. The Trustee to whom the transfer is made can not refuse to receive it. 
— Baldwin, Atty-Gen. 

7. Taxes of transferred persons. On what property. Where a person is 
transferred for school purposes to any township in his own county, he must pay to 
the County Treasurer, on all his property situated in the township in which he 
resides, the same rate of school and poll taxes as is paid by the people of the town- 
ship to which he is transferred, and for the use of that township. If he owns 
property in another township, it must be taxed at the rate of other property in 
that township, and for the use of schools therein. — Larrabee, Supt. 130 Ind. 522. 

8. Method suggested. The simplest method of securing the purpose of t^hese 
provisions, will be for the Trustees of the townships to which any persons have 
been thus transferred, to enroll them as members of their respective districts, and 
ever after take the enumeration of their children. — Mills, Supt. 

9. To what taxes liable. . A transferred person is liable to all taxes levied for 
school purposes in the corporation to which he is transferred, under sections 4467, 
4469, 4471 and 4490, and at the same rate as resident school patrons. — LaFolhtte, 
Supt. 130 Ind. 522. 

10. Property of wife or tenant. The father is the head of the family, and as 
such has charge of the children, and has power to have his children transferred 
for school purposes, even against the will or wish of the wife, but he has no con- 
trol over her property. He could not, by transferring his children to another 
township, etc., transfer his wife's property for school taxation, and thus submit it 
to a greater or different tax without her consent. In all similar cases the wife 
should join in the application for the transfer, and the Trustee take her written 
consent for the taxation of her property if the application is granted. If a tax- 
payer has a tenant on his farm who has charge of children entitled to the privi- 
leges of school, such tenant can be transferred, although, of course, the landlord's 
property could not be taxed in the corporation to which his tenant was transferred. 
— Baldwin, Atty-Gen. 

11. Removals. If a transferred person moves into the corporation to which 
he has been transferred, that corporation thereby loses the right to tax his prop- 
erty situated in the corporation from which he has removed. If he moves into a 
different corporation he can not be taxed therein till after the next enumeration^ 



128 "■ SCHOOL LAW OF IjNDL/^NA. 

when he may be transferred thereto by the Trustee of the corporation in which he 
had last been taxed. — Bloss, Swpt. 

12. Wrong coeporation receiving tax. If the County Auditor omits to 
record the transfer on his duplicate, whereby the school corporation, from which a 
person has been transferred, receives the school taxes paid by such person, such 
corporation is liable for the amount thereof at the suit of the school corporation 
entitled thereto. The County Auditor in such a case, if the school corporation 
receiving the money is solvent, is only liable for such expenses as are necessarily 
incurred, aside from taxable costs, in carrying on the suit for the recovery of the 
taxes paid. — Michener, Atty-Gen. 

In such a case suit should be brought before the corporation expends the rev- 
enue wrongfully apportioned to it, otherwise recovery is doubtful. — Varies, Supt. 

13. Constitutional. The provisions of this section authorizing the taxation 
of the person transferred is constitutional. Kent v. Town of Kentland, 62 Ind. 
291 ; Kobinson v. Schneck, 102 Ind. 307, 315. 

14. Ee-transfer. If a patron of the schools can not show that he will be 
better accommodated if re-transferred he is not entitled to such re-transfer. — La- 
Follette, Supt. 

15. Refusal to receive person transferred. The Trustee to whose 
township a person is transferred can not refuse to receive him. — LaFollette, Supt. 

16. Become members of school corporation. A person transferred be- 
comes a member of the township to which he is transferred, and is entitled to the 
same privileges as resident members. — LaFollette, Supt. 

17. Dismissal of transfer. When a transferred person ceases to have 
children of school age, such person should apply to the Trustee of the corpora- 
tion to which the transfer was made for a dismissal of such transfer. An official 
record of the transfer has been made, and it will stand against the property un- 
less officially dismissed. This may be done by the Trustee holding the transfer 
entering on his official record of transfers an entry similar to this: ''This trans- 
fer is dismissed because the person transferred now has no children of school age," 
and sending a copy of this entry to the Trustee of the corporation from which 
the transfer came. — Voi-ies, Supt. 

18. Basis of assessment. See note 3 under section 4488. 

19. Property of transferred persoqs subject to all school taxes. — 62 Id. 291.' 

20. See sections 4474, 4490 and notes— 

21. Property subject to taxation whether transferred or not if sent to school. 
See note 6 under section 4490. 

4414. Transfer to an adjoining county. Each person so trans- 
ferred, for educational purposes, to a township, town or city in an ad- 
joining county, shall, annually, pay to the Treasurer of such township, 
town, or city (when a tax is levied therein for the purposes aforesaid) a 
sum equal to the tax levied, computing the same upon the property and 
poll, liable to tax, of such persons in the township, town, or city where 
he resides, according to the valuation thereof by the proper Assessor ; 
which payment shall release his property from special school tax in the 
township in which he resides. In default of such payment, he shall be 
debarred from educational privileges in the township, town or city to 



SCHOOL LAW OF INDIANA. 129 

which he may have been transferred ; and the Trustee thereof shall 
notify the Trustee of the township, town, or city in which he (the per- 
son transferred) resides, of such exclusion. (17) 

1. To WHAT CORPOEATIONS. The township to which a transfer is made 
though in a different county, must be adjoining to the one in which the person re- 
sides, but it seems that he may be transferred to any town or city in a county upon 
which his own township bordei-s. — Bloss, Supt. 

2. Change in law. The law creating the office of Township Treasurer has 
long since been repealed, and all school taxes should now be paid to the County 
Treasurer. — Section 4468. — Voi^ies, Supt. 

3. Plan foe, collecting taxes of teansfeebed peesons. The follow- 
ing plan for managing transfers xh accordance with the law now in force is sug- 
gested by Mr. E. M. Johnson, present Deputy County Auditor of Marion County. 
It it simple and practical : 

a. Illijsteation of how auditor may manage transfers on tax 
duplicate. Transfer from one corporation to another in the same county. A is 
transferred from Washington township, Marion county, to Wayne township, Ma- 
rion county. Extend tax duplicate for all persons in Washington township at 
the rate levied in Washington township. Then if the rate is greater in Wayne 
township, add to A's taxes the difference created by the higher rate; and mce versa. 
Make notes of deductions and additions on tax duplicate in red ink before turn- 
ing it over to the County Treasurer. 

b. When transfer from one county to another. A is transferred 
from Franklin township, Marion county, to Sugar Creek township, Hancock 
county. Then the Auditor of Hancock county should notify the Auditor of Ma- 
rion county of rate of levy in Sugar Creek township, and the names of persons 
transferred to Sugar Creek township. Then the Auditor of Marion county will 
add to, or subtract from, A's taxes in Franklin township, the difference, as the 
case may be, and the Treasurer of Marion County will collect A's taxes, the 
Auditor will remit the amount due Hancock county by reason of the transfer of 
A, ov vice versa. — Vories, Supt. 

4. Taxes. A person transferred from one county to another for school pur- 
poses is subject to taxation in the township to which he is transferred for all taxes 
provided for in sections 4467, 4469, 4471 and MQO.—LaFollette, Supt. 

5. This section is constitutional, 62 Ind. 291 ; 102 Ind. 307. 

6. Propeety of teansferred persons subject to taxation for all school 
PURPOSES. The property of transferred persons shall be assessed for all school 
purposes, including the payment of bonds issued for indebtedness for school pur- 
poses. 62 Ind. 291. 

7. See sees. 4490, 4492 a and notes. 

[1895, p. 127. Approved March 5, 1895. In force 1895.] 

4475. Enumeration, where filed — Retaking. Each Township Trustee 
and the President of the Board of School Trustees of towns and cities shall, on or 
before the first day of May, annually, report to and file with the County Superin- 
tendent of the proper county, a copy of the enumeration for school purposes of 
his township, town or city, with a list of transfers to such township, town or city, 
with his affidavit endorsed thereon to the efiect that the same is, to the best of his 
knowledge and belief, full and accurate and taken in accordance with the provis- 
ions of the law governing the enumerations. When said County Superintendent, 



130 * SCHOOL LAW OF INDIANA. 

however, on an examination of the enumeration returns of any township, town or 
city, finds any evidence that the enumeration is excessive in number or in any 
other way incorrect, he may require the same to be retaken and returned, and if he 
deem it necessary he may, for this purpose, appoint persons to perform the serv- 
ice, who shall take the same oath, perform the same duties, and receive the same 
compensation out of the same funds as the person or persons who took the enu- 
meration in the first place, and the school revenues shall be distributed to such 
school corporation upon the corrected returns. (18) 

1. EuLE CONCERNING CONCLUSIVENESS OF REPORT. See scc. 4472, notc 13. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4476. Township in two or more counties— Report. When a congres- 
sional township is located in two or more counties, the proper trustees for each 
portion thereof in the several counties shall report, at the same time and in like 
manner as provided in the last preceding section, to the County Superintendent 
of the county in which the congressional township fund of such township is held 
in trust and managed. (19) 

1. Explanation. This section requires that when a congressional township 
is located in two or more counties, the proper Trustee for each portion thereof 
shall make two separate and distinct reports of enumeration : 

1st. The ordinary report of enumeration prescribed by §^472 and 4475. 

2d. A special report of enumeration, consisting of an enumeration of the 
school children living within such part of the divided congressional township as 
is within the limits of his own civil township. This special report should be 
made to the Superintendent of the county in which the fund belonging to such 
divided congressional township is managed. In case parts of several congressional 
townships lie in a civil township the Trustee must evidently make as many sepa- 
rate special reports to the Superintendent of the county which manages the funds 
■or the several congressional townships. — Smart, Supt. 



ARTICLE V— APPORTIONMENT OF REVENUE. 

[1873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 

4477. To be made semi-annually. There shall be two apportion- 
ments of the school revenue for tuition ruade in each year by the State 
Superintendent of Public Instruction — one on the fourth Monday in 
May, and the other on the first day of January, unless the said day of 
the month should be Sunday, and, if so, on the day following. (109) 

4478. Reports of County Auditors. To enable the Superintend- 
ent to make said apportionments, and to ascertain the amount of said 
revenue collected and ready for that purpose, the Auditors of the several 
counties of the State shall, promptly, after making the settlements with 
the County Treasurers of the respective counties in April for the 
amount collected on tax-list, and in December for the amount of delin- 



SCHOOL LAW OF INDIANA. 131 

quent tax collected, make report to said Superintendent of the precise 
amount of school revenue for tuition collected in their respective 
counties and ready for apportionment and distribution ; which report 
shall be verified by the oath or affirmation of the Auditor indorsed 
thereon. (110) 

4479. When and what County Auditor reports. The first of 
said reports in each year shall not be delayed later than the third Mon- 
day in May, and the second not later than the twenty-fifth day of De- 
cember. Said report shall show — 

First. The amount of school tax collected since the last report, 
whether upon the current year's tax-list or delinquent tax. 

Second. The amount of interest collected since the last semi-annual 
report, and the amount, if any, not previously reported, upon loans of 
common school funds, and on any indebtedness which is due or payable 
to said funds, arising from the sale of seminary property or otherwise. 

Third. The amount derived from liquor licenses and unclaimed fees 
not previously reported. 

Fourth. The total amount of school revenue thus collected and ready 
for apportionment. 

Fifth. The income derived from the congressional township school 
fund, including the interest on loans of said fund, and on deferred pay- 
ments for school lands which have been sold, and the rents and profits 
derived from the leasing or renting of any such lands, or otherwise 

Sixth. The amount of said income from the congressional township 
fund on hand for distribution in parts of the townships in the adjacent 
counties, specifying the amount on hand for each of the several counties. 
(Ill) 

1. Insteuctions to Auditors. Ist, When you make your report to the 
State Superintendent you give the amounts (if any) due to adjacent counties. At 
the same time you notify the Auditors of these counties, specifying the amounts 
due to the several townships. (§4480.) Mail all such notices and the report on 
the same day. 2d, Then immediately draw warrants upon your own Treasurer in 
favor of the treasurers of the several adjacent counties for the amounts respect- 
ively due them, and cause your Treasurer to remit said amounts to said counties 
at the same time that he makes his remittance to the Treasurer of State. The ex- 
pense of said remit ances must not be paid out of any school revenues. 3d, The 
Auditor of each county to which such revenue is paid will include it in his next 
distribution (§4486), and will notify Trustees that it is no longer necessary for 
them to go or send for their money to other counties, but that they will hereafter 
draw the whole of their revenues from the treasury of their own county. — Bloss,. 
Supt. 



182 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4480. When congressional township divided. When the con- 
gressional township lies partly in one county and partly in another, the 
Auditor of the county in which the fund of such township is managed 
shall notify the Auditor of the county in which any portion is situated 
of the amount due to such portion. (112; 

4481. Auditor failing to report — Penalty. On the failure of 
any County Auditor to make his said semi-annual report in time for said 
apportionments, his county shall be subject to a diminution of one hun- 
dred dollars in the next apportionment of said revenue by the Superin- 
tendent. The sum thus withheld may be collected from said Auditor, 
in a suit before a Justice of the Peace, prosecuted in the name of the 
State, by any person living in said county who has children enumerated 
for school purposes for the current year, who is aggrieved by said dim- 
inution. Said suit shall be commenced within two years from the time 
when said report was due, and not afterward : Provided, That said Au- 
ditor may discharge himself from liability to such suit by a certificate of 
the postmaster that said report was mailed in due time, together with 
his own affidavit of that fact. (113) 

[1895, p. 153. Approved and in force March 7, 1895.J 

4482. The State Superintendent of Public Instruction shall, on the 
days fixed by section 109 of this act (4477) for his apportionment of said 
revenue in each year, add to the sum total of said revenue in readiness 
in each county for apportionment any amount in the State Treasury 
ready for apportionment, and after said addition the Superintendent 
shall apportion the whole of said sum to the several counties of the 
State, according to the last enumeration of children therein, with due 
reference to the diminutions provided for by sections 41 and 113 of this 
act (4431 and 4481) . 



SCHOOL LAW OF INDIANA. 133 

1. The above section has a repealing ajjd an emergency clause. — Varies, Supt. 

2. The State's tuition revenue apportioned in June (next, 1893), is not to be 
considered as unexpended balance for the reason that it is to be used for the school 
year of 1893-4, which begins on the first Monday of July. See section 4499. It 
can not be used for the school year of 1892-3. See note 1 under section 4470. — 
Varies, Supt. 

3. State Normal School. Fifteen thousand dollars must also be appor- 
tioned semi-annually to the State Normal School. — §4556. 

4. See section 4485. 

5. The equal distribution of the State school revenue to the several school 
corporations of the State, according to the number of School children therein, is 
a means, and not an end ; but the great purpose for which this means may be used 
is that tuition shall be without charge and equally open to all the children of the 
State. State of Indiana ex rel. Alonzo G. Smith (Att'y Gen'l) v. John F. Mc- 
Clellan, School Trustee. 

6. This section is not in conflict with the State Constitution. State v. Mc- 
Clellan. 

7. To determine what part of the unexpended balance must be returned to 
the County Treasurer, the amount received from the State and the amount received 
from local sources must be prorated. State v. McClellan. 

[1865. p. 3. Approved and in force March 6, 1865.] 

4483. Printed Statement. Said Superintendent shall make out 
and have printed a statement showing — 

First. The enumeration of childrea in each county. 

Second. The amount of school revenue ready for apportionment in 
each county, and the source from which the same is derived, including 
said addition from the State indebtedness. 

Third. The distributive share thereof apportioned to each county. 

He shall file a copy of said statement with the Auditor of State and 
Treasurer of State, and he shall forward a copy thereof, by mail, to 
each of the County Auditors, County Superintendents and County 
Treasurers of the State. (115) 

[1885, S. p. 208. Approved and in force April 13, 1885.] 

4484. Payment to counties. The Auditor of State shall, at the 
time of making the semi-annual settlements with the several County 
Treasurers, give them each a warrant on the State Treasury for the 
State school revenues collected in their respective counties, the amount 
of which shall be retained by said treasurers, and when the Superin- 
tendent of Public Instruction shall have made his semi-annual appor- 
tionments of school revenue for tuition to the several counties of the 
State, the Auditor of State shall draw his warrant upon the State Treas- 



134 SCHOOL LAW OF INDIANA. 

ury to the respective County Treasurers to which there may be due a 
greater amount than the State school revenue which has been collected 
in said counties, and for which a warrant as hereinbefore provided has 
been issued to them, and said County Treasurers to whom warrants have 
been issued at the semi-annual settlements for more than their distribu- 
tive share of said school revenue shall, upon notice being given them 
thereof by the Auditor of State, forthwith pay such excess into the 
State Treasury. (1) 

[1885, S., p. 10. Approved and in force April 13, 1885.] 

4484a. Payment of excess. The Auditor of State shall, at the 
time of making the semi-annual settlements with the several County 
Treasurers, give them each a warrant on the State Treasury for the State 
school revenues collected in their respective counties, the amount of 
which shall be retained by said Treasurers, and when the Supeiintendent 
of Public Instruction shall have made his semi-annual apportionments 
of school revenue for tuition to the several counties of the State, the 
Auditor of State shall draw his warrant upon the State Treasury to the 
respective County Treasurers to which there may be due a greater 
amount than the State school revenue which has been collected in said 
counties, and for which a warrant as hereinbefore provided has been 
issued to them, and said County Treasurers to whom warrants have been 
issued at the semi-annual settlements for more than their distributive 
share of said school revenue shall, upon notice being given them thereof 
by the Auditor of State, forthwith pay such excess into the State Treas- 
ury. (El. Sup. Sec. 1267.) 

1, This section modifies the provisions of sections 4484 and 4485. 
[1865, p. 3. Approved and in force March 6, 1865.] 

4485. Unapportioned balances. If at any time, from any cause 
whatever, an unapportioned balance of school revenue shall appear in 
the State Treasury, other than that which is nominally therein at the 
passage of this act, the Superintendent of Public Instruction shall add 
said balance to the sum to be apportioned, and apportion it at the next 
succeeding apportionment after such balance so appears. (117) 

1. Explanation. The unapportioned balance in the treasury consists chiefly 
of moneys paid in by the Attorney-General. But at each apportionment the State 
Superintendent leaves a small balance, always less than one cent for each child 
■enumerated. 

2. See section 4484a. 



SCHOOL LAW OF INDIANA. 135 

[1895. p. 153. Approved and in force March 7, 1895.] 

4486. County Auditor's apportionment. The Auditor of each county shall, 
semi-annually, on the second Monday of June and on the last Monday in January 
make apportionment of the school revenue, to which his county is entitled, to the 
several townships and incorporated towns and cities of the county ; which appor- 
tionment shall be paid to the School Treasurer of each township and incorporated 
town and city by the County Treasurer. In making the said apportionment and 
distribution thereof, the Auditor shall ascertain the amount of the congressional 
township school revenue belonging to each city, town or township, and shall to 
apportion the other school revenue as to equalize the amount of available school 
revenue for tuition to each city, town and township, as near as may be, according 
to the enumeration of children therein, and report the amount apportioned to the 
Superintendent of Public Instruction, verified by affidavit: Provided, however, 
That in no case shall the income of the congressional township school fund belong- 
ing to any congressional township, or part of such township, be diminished by such, 
apportionment, or diverted or distributed to any other township : Be it also pro- 
vided, That in making the said apportionment and distribution of the State tuition 
revenues apportioned to the county by the Superintendent of Public Instruction, 
in case any school corporation shall not have expended for tuition purposes in any 
school year an amount as great as the amount of State tuition revenue apportioned 
and distributed to said corporation by the Auditor for said school year, then it 
shall be the duty of the Auditor, at the first apportionment after the annual report 
of the receipts and expenditures of said school corporation shall have been filed 
-with the County Commissioners, to deduct from the whole amount of State tuition 
revenue apportioned to said school corporation an amount equal to the difference 
between the amount of State tuition revenue apportioned and distributed to said 
school corporation for use in such school year, and the whole amount shown by 
such annual report to have been actually expended for tuition purposes, and there 
shall be paid to the Treasurer of said school corporation the sum remaining after 
such amount shall have been deducted, and the County Auditor shall include all 
such deductions in his report to the State Superintendent of Public Instruction as 
tuition revenue collected in his county and ready for distribution at the next ap- 
portionriaent : Provided, That funds arising from the local tuition tax shall not be 
considered in making the deductions provided for in this section nor included in 
the said report to the State Superintendent of Public Instruction. Any neglect or 
failure of any Auditor to comply with the provisions of this section of this act shall 
be and constitute a misdemeanor, and upon conviction of any such Auditor of the 
violation thereof he shall be fined in any sum not less than the amount of such un- 
expended balance nor more than double the amount thereof. (118) 

1. Method coNSTiTUTiONAii. This method of apportionment is according 
to the command of the Constitution, and, perhaps, it requires the same principle 
to be applied to the distribution among the counties. Quick v. Whitewater, 7 
Ind. 570 ; Quick v. Springfield, id. 636. 

2. Teacher's bemedy. When a teacher obtains judgment against a school 
corporation, for services as such, and a return of execution thereon nulla bona, he 
may, by proper suit, obtain application of any school revenue in the county treas- 
Tiry, belonging to such corporation, to the payment of the judgment. Trustees v. 
Simpson, 11 Ind. 520. 

3. Trustee's LIABILITY. If the Township Trustee receives funds, under this 
section, which belong to a school town within the township, he may, after demand, 
be compelled, by mandate, to pay the amount to the town. Johnson v. Smith, 64 
Ind. 275. Trustees do not apportion revenue among districts. §4494, note 2. 

i. Etjle for making apportionment. Auditors will find no trouble in 
adjusting the apportionment .without the labor of giving in detail the specific 
amount of each township's share of the two funds, if they will ascertain what the 
whole amount of the school revenues for the county, both common and congres- 
sional, will give each scholar on a per capita division, and then ascertain whether 
any township's congressional revenue will yield a larger dividend to its children. 
If any township thus has a larger per capita than that of the whole county from 
the combined revenues, exclude the children and congressional revenue of that 
township from the calculation, and distribute to the other corporations on the 
consolidation basis. An example may be presented, as follows : 



136 SCHOOL LAW OF INDIANA, 

Congressional Tp. A — 300 Children, $375 Congressional Kevenue, $1.25 Per Capitcu 
" " B— 200 " 150 " " 75 " " 

<' « c— 84 " 42 " " 50 " " 

'' " D— 400 " 100 " " 25 " " 

a u E— 250 " " " " " 

The last four townships have 934 children, and $292 congressional revenue.. 
The common school revenue of the county amounts to $875.50, which, added to 
the $292, will make $1,167.50. This will give the last four townships $1.25 per 
scholar, the same that A receives from her congressional revenue alone, in which 
case the same result is obtained with or without including A's children and reve- 
nue. But if the common school revenue were only $828.80, the last four town- 
ships would get only $1,120.80, or $1.20 per scholar. In this case-A must receive 
the whole of her own revenue, which must not be diminished by any process of dis- 
tribution ; and the remaining revenues must be distributed among the other cor- 
porations. — Mills, Supt. 

5. Town incorporated "v\t:thin township — Custody of school funds. A 
distinct portion of a certain township of this State having become an incorporated 
town, and elected school trustees, under the laws of the State, the Trustee of such 
township, after the election, but before such School Trustees had qualified, de- 
manded and received of the County Treasurer the school funds of the whole town- 
ship, whereupon such School Trustees, after qualifying, demanded of him the 
payment to their treasurer of the proportion of such school funds belonging ta 
such town, which he refused ; whereupon they filed an affidavit, reciting the fore- 
going facts, to compel him, by mandate, to pay over such moneys. Held, on 
demurrer, that they were entitled to recover. But see note 32, under section 4444, 
M Ind. 275. 

[1865, S., p. 139. Approved and in force March 21, 1865.] 

4487. Interest on sinking fund. All interest accrued or accru- 
ing on the sinking fund, or any other fund, held by this State for the 
benefit of the common schools of this State, on and after the first day of 
January, one thousand eight hundred and sixty-five, is hereby set apart 
for distribution as other revenues are distributed, for the support of the^ 
common schools of this State. (1) 

[1891, p. 199. Approved and in force March 6, 1891.] 

4487a. Surplus dog-tax fund. The revenue received from the 
tax on dogs in each township shall be set apart by the County Auditor 
at each annual settlement, and the same shall be paid over by the County 
Treasurer to the proper Township Trustee. The sums so collected and 
received in each township, are hereby declared to be a fund for the pay- 
ment of damages sustained by the owners of sheep maimed or killed by 
dogs within such township ; and each Township Trustee is directed and 
required to hold the same for such purpose : Provided, however, That 
when it shall so happen on the first Monday of March in each, year, in 



SCHOOL LAW OF INDIANA. 137 

any township, that the said fund shall accumulate to an amount exceed- 
ing fifty dollars over and above orders drawn against the same, then the 
surplus over said sum of fifty dollars shall be expended by such Trustee 
for the use of the school revenue of the township. (236) 

1. Distribution — Anticipation. The fund arising from the dog tax should 
not be used exclusively for the support of one school in a township to the neglect 
of all others. It is a fund to which all the schools in the township have an equal 
claim, and it should be apportioned by the Trustee among the schools, with the 
other tuition funds. We think it must follow, also, that it should await the ap- 
portionment of other funds, apportioned for tuition, before it is expended. — Maloy 
V, Madget, 47 Ind. 241. But this has been so modified by the act of 1891 that the 
«xcess should be applied to the school year closing.- — Varies, Supt. 

2. Lavs^s repealed. The acts of March 7, 1883, and of April 8, 1885, were 
repealed by the act of March, 5, 1891, and could not be revived by the manner in 
which they were referred to in section 47 of the act of M%rch 6, 1891. Florer v. 
State, 133 Ind. 453. 

3. Disposition of surplus. When the Township Trustee has a surplus 
-over fifty dollars on the first Monday of March, he should at once transfer such 
surplus to his tuition account and apply the revenue to the schools then in 
progress. He is not required to report the surplus to the County Auditor to be 
redistributed as under the old law. He should at once apply the surplus to the 
current school term. — Varies, Supt. 

4. Dog tax — Township Trustee entitled to — County Treasurers 
should pay over. The act of March 6, 1891 (Acts 1891, p. 286, section 4487 a), 
makes the Township Trustee the custodian of the dog fund for the purpose men- 
tioned in the statute, and when properly applied for, the County Treasurer is re- 
quired to pay over such fund. — 133 Ind. 453. 

5. Towns and cities entitled to a portion of the surplus. — Under the 
new laws town and cities are entitled to a portion of the surplus. — Taggart v. State, 
40 N. E. Eep. 260, overruling School City of South Bend v. Jaquith, 90 Ind. 495. 

[1877 S., p. 74. Approved and in force March 14, 1877.] 

4487 lb. Distribution of dog tax fund. All sums of money now 
remaining in the hands of the Township Trustees, arising from surplus 
dog tax fund, shall be, upon the taking effect of this act, placed to the 
credit of the tuition fund of such township, and shall be expended as 
other tuition funds of the township are expended. The Township 
Trustees of the several townships in the State are hereby authorized to 
pay to School Trustees of incorporated towns or cities their proportion 
pro rata according to the enumeration for school purposes within such 
township. (1) 

1. Not repealed. This section is not repealed. Taggart v. State, 40 N. E. 
Eep. 2G0. 



138 SCHOOL LAW OP INDIANA. 

ARTICLE VI— SCHOOLS IN CITIES AND TOWNS. 

[1873, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 

4488. Bonds for SCliOOl buildings. Any city or incorporated 
town in this State which shall, by the action of its School Trustees have 
purchased any ground and building or buildings ; or may hereafter pur- 
chase any ground and building or buildings ; or has commenced, or may 
hereafter commence, the erection of any building or buildings for school 
purposes ; or which shall have, by its School Trustees, contracted any 
debts for the erection of such building or buildings, or the purchase of 
such ground and building or buildings ; or such Trustee shall not have^ 
the necessary means with which to complete such building or buildings,, 
or to pay for the purchase of such ground and building or buildings, or- 
pay such debt, may, on the filing by the School Trustees of said city or 
town of a report, under oath, with the Common Council of such city, 
or the Board of Trustees of such town, showing the estimated or actual 
cost of any such ground and building or buildings, or the amount re- 
quired to complete such building or buildings, or purchase such ground 
and building or buildings, or the amount of such debt, on the passage 
of an ordinance authorizing the same by the Common Council of said city 
or the Board of Trustees of such town, issue the bonds of such city or 
town to an amount not exceeding in the aggregate fifty thousand dol- 
lars, in denominations not less than one hundred nor more than one 
thousand dollars and payable at any place that may be designated in 
the bonds (the principle in not less than one year nor more than twenty 
years after the date of such bonds, and the interest annually or semi- 
annually, as may be therein provided) to provide the means with which 
to complete such building or buildings, and to pay for the purchase of" 
such ground and building or buildings, and to pay such debt. Such; 
Common Council or Board of Trustees may, from time to time, negoti-- 
ate and sell as many of such bonds as may be necessary for such pur- 
pose, in any place and for the best price that can be obtained therefor 
in cash : Provided, That such bonds shall not be sold at a price less than, 
ninety-four cents on the dollar. (1) 

1. Note. It is sufficient that the ground or building shall have been con- 
tracted for by the School Trustees. Williams v. Albion, 58 Ind. 329. 

2. By whom issued — Constitutionai, limit. School Trustees have no power 
to issue bonds to raise money to build school houses, except by authority of an 
ordinance of the Common Council or Board of Civil Town Trustees. I think the 
constitutional amendment of 1881 (R. S. 1881, ?220), limiting the power of munici- 
pal corporations to contract debts over and above two per cent, of their taxables, 
applies to past as well as future debts — that is to say, if a town is indebted two per- 



SCHOOL LAW OF INDIANA. ' 139 

cent, on its taxables, it can incur no further debt ; if indebted one and three- 
fourths per cent., it can incur a further debt of one-fourth per cent — Baldivin, 
Atty.-Gen. 

3. Basis of valuation — Assessment based on civit^ corporation — Not on 
SCHOOL corporation. It has been asked whether the Town Trustees of an in- 
corporated town in issuing bonds for a school building in accordance with §4488 
base the issue, as to amount on the value of property in the town increased by 
the value of the property of persons transferred to the toAvn for school purposes. 

The corporation can not become indebted for any purpose to an amount in 
the aggregate exceeding two per centum in the value of the taxable property 
within such corporation, to be ascertained by the last assessment for State and 
county taxes previous to the incurring of such indebtedness. E. S. 1881, §220. 

Where persons can be better accommodated at the school of an adjoining 
township, or of any incorporated town or city, the Trustee of the town or citj in 
which such person resides, shall, if such person so request, at the time of mak- 
ing the enumeration, transfer them for educational purposes to such township, 
town or city, and notify the Trustee of such transfer. Such person so transferred 
shall annually pay to the Treasurer of such township, town or city (when a tax is 
levied therein for the purpose aforesaid) a sum equal to the tax levied, comput- 
ing the same upon the property and poll liable to tax of such person in the town- 
ship, town or city where he resides, according to the valuation thereof by the 
proper Assessor (§4473, 4474). 

The property of a person transferred to an adjacent township, town or city, 
for educational purposes is not assessed by the Assessor of the township, town or 
city, to Avhich he is transferred, for State and county taxes, but he is assessed in 
the township in which he resides. 

The Constitution provides that the value of the taxable property within such 
corporation is to be ascertained by the last assessment for State and county taxes. 
The property of such transferred person does not appear in the last assessment of 
the corporation for State and county purposes to which he is transferred, but in 
the township in which he resides, and consequently the property of such trans- 
ferred person, residing in another township can not be taken into consideration in 
determining the amount of property within such corporation to which he is trans- 
ferred, as the basis for issuing said bonds. — Hord, Atty.-Gen. 

4. Liability of Trustees. It is asked whether the members of a town 
board or the members of a school board, incur personal liability by issuing and 
negotiating school bonds in excess of the constitutional limit. 

Public officers are not personally liable on contracts within the scope of their 
authority and line of duty unless it is apparent that they intended to bind them- 
selves personally. 

If a public agent transcends his authority, he may in some cases be rendered 
personally responsible for the consequence of his act. 

If the officers acting officially exceed their authority innocently, under a mis- 
take of law in which the other contracting party equally participates with equal 
opportunities of knowledge, and the officers contract with him, and he with them, 
in their official capacity, neither looking to personal liability, the officers are not 
personally liable. — Hord, Atty.-Gen. 

5. Issuing bonds. The Board of School Trustees of a city school corporation 
is not authorized by this statute to issue bonds to purchase grounds, but the city 

11 — School Law. 



140 SCHOOL LAW OF INDIANA. 

issues the necessary bonds when authorized by the action of the Common Council . 

. Mord, Atty.-Gen. 

6. Excessive indebtedness. If the cily is indebted in excess of the pre. 
scribed constitutional limit, it can not laAvfully make and issue bonds under this 
section, increasing its indebtedness beyond the prescribed limit. — Hord, Atty-Gen. 

7. Constitutional. This section is constitutional. Clark v. Town of 
2foblesvil!e, 44 Ind. 83 ; 86 Ind. 17. 

8. Location of school property. As a rule the school grounds and houses 
. should be located within the school corporation that owns them ; but the bonds of 
,. such corporation, negotiated and sold to procure means for the erection and com- 
pletion of such school houses, are not void merely because they are located with- 
4)ut the limits of the corjioration. Gardner v. Haney, 86 Ind. 17. 

9. Title to school property— Control of. As to the title and control of 
school property three cases arise under the law prior to the act of 1893 : 

(1) When the school house is within the limits of the township the title is 
:in the school township, and the Township Trustee controls and may sell. Sec. 

4511. 

(2) When the school house is situated within territory which is afterward 
incorporated into a town, then the title vests in the town, and the property is con- 
trolled by the school trustees of the town. 27 Ind. 465; 86 Ind. 582; 109 Ind. 559. 

(3) When the school house is located on territory which is taken into a city 
by addition, then the Township Trustee controls and sells, and credits the special 

.school fund with the amount of the sale, 37 Ind. 415 ; 60 Ind. 473. — Varies, Supt. 

10. For cases arising since the act of 1893, see sec. 4511 a and notes. 

11. Applies to toavns as well as to cities. The two per cent, constitu- 
tional limit (section 220, R. S. 1881) applies to incorporated towns as well as to 
£!ities. 

12. Petition not necessary. A petition of the tax-payers to the Board of 
Trustees or the Common Council is not necessary to enable the Board to levy a tax 
to complete school buildings. Clark v. Town of Noblesville, 44 Ind. 83. 

13. Can not be enjoined. When the School Tiustees have complied with 
the law (section 4491) by filing with the Town Board or Common Council a veri- 
:£ed report, showing that, as such School Trustees, they have contracted for the 
|.>urchase of real estate on which to erect school buildings, and showing the amount 
-of the debt incurred for such realty, and the estimated cost of such buildings, and 

asking the issuance of bonds, such Board or Common Council may, by ordinance, 
authorize the issue and sale of. bonds of such city, equal in amount to the cost of 
such real estate and the estimated cost of such buildings, and such Board or Com- 
mon Council can not be enjoined from so doing. Williams v. Town of Albion, 58 
Ind. 329. 

14. See sections 4439. 4489, 4490, 4491, 4492, 4492a, 4511, 4511a and notes. 

4489. Use of proceeds. The proceeds of the sales of such bonds 
shall be paid to the said School Trustees, to enable them to erect or 
;;COmplete such building or buildings and pay such debt. But before 
•payment to them, such School Trustees shall file with the County Audi- 
;tor a bond, payable to the State of Indiana, in a sum not less than the 
full amount of the said money so to be paid to them, and with security 
.to be approved by said Auditor, conditioned for the faithful and honest 



SCHOOL LAW OF INDIANA. 141 

application of such money to the pui'pose for which the same was pro-r 
vided ; and such Trustees, and their surety or sureties, shall be liable to 
suit on such bond for any waste, misapplication, or loss of such money, 
in the same manner as now provided for waste or loss of school revenue- 

(2) 

Bond of School Boaed. The bond required to be given by the School Trus- 
tees is additional to those already given by tlieua (§4440), and may be a joint 
bond of the three members of the Board, equal in amount to the proceeds turned 
over to them, but they must be severally bound for the whole amount. — Smart, Supt. 

[1875, p. 29. Approved and in force March 11, 1875.] 

4490. Special tax. In addition to levying the tax by cities or 
incorporated towns for general purposes, now authorized by law, the' 
Common Council of any such cities, and Boards of Trustees of any such 
incorporated towns as shall avail themselves of the provisions of this 
act, are hereby authorized and required to levy, annually, a special 
additional tax, at the same time and in the same manner as other taxes 
of such city or town are levied, sufficient to pay the interest and princi- 
pal of said bonds falling due ; which additional special tax shall be 
assessed and collected as the taxes for State and county revenue are assessed 
and collected. The Treasurer of said city or town shall keep accurate 
account of the revenue arising from said special tax, and shall in his 
reports, when required by the city or town authorities, show the amount 
thereof received, the amount disbursed, and the amount thereof, if any^ 
remaining delinquent. He shall pay out the same only by the authority 
of the Common Council of said city or Board of Trustees of such town ; 
and shall permit the same to be applied to no other purpose than the 
payment of the principal and interest of such bonds ; and official bonds 
of City and Town Treasurers shall be construed to cover and include" 
revenue arising from this source. Persons residing outside of any sucb- 
city or town, and electing to be transferred to such town or city for edu- 
cational purposes, or who shall send their children to the school taught 
in any such building, shall, with their property, be liable to such tax, 
as if they resided in such city or town, on all property owned by said 
ferson in the township where such city or town is located : Provided^, 
always, That nothing in this act shall be construed to prevent the School' 
Trustees of such town or city from admitting pupils into such schools 
from outside such city or town, in their discretion, upon the payment of 
tuition therefor, and without subjecting the property of their parents to 
such taxation, when such schools are not crowded and their admission- 
shall, in no way, interfere with the progress of the children within suck 
city or town : Provided, further, That the additional sj)ecial tax, hereby 



142 SCHOOL LAW OF INDIANA. 

authorized, shall not, in any one year, exceed fifty cents on any one 
hundred dollars of taxable property and one dollar on each poll. (3) 

1. Section Constitutional. The provision subjecting to this tax persons 
residing outside tlie town or city, who, though not transferred, send to the school 
in the building for which the bonds were issued, is not unconstitutional. Kent v. 
Kentland, 62 Ind. 291. 

2. Levy and collection. The tax is to be "levied" as other taxes of such 
city or town are levied, and "assessed and collected" as State and county reve- 
nue are assessed and collected. I think, under this law, the levy should be made 
and certified by the municipal authorities, and placed upon the county duplicate 
for collection. I come to this conclusion because, by the act of 1867, Trustees of 
civil townships, Trustees of towns, and the Common Councils of cities, are au- 
thorized to levy a special tuition tax, "which tax shall be assessed and collected 
as the taxes for State and county revenue are assessed and collected." (§4469.) 
This tax must be collected, it would seem, by the County Treasurer, as Trustees of 
civil townships do not collect revenue, and such has been the uniform practice. 
The act under consideration, using the same language, and having been passed 
after the construction mentioned had been placed on the act of 1867, I think it 
should be held that the act of 1873 required the tax to be collected by the County 
Treasurer. — Woollen, Atty-Oen. 

3. Levy obligatory. It is the duty of Trustees to levy annually a special 
additional tax sufficient to pay the interest and principal of bonds issued for 
school buildings and falling due, and where it appears that they have failed, neg- 
lected and refused to discharge their statutory duty, a writ of mandate is the 
proper legal remedy. Gardner v. Haney, 86 Ind. 17. 

4. Admitting non-residents to schools. The proviso that this statute 
shall not prevent the admission to the particular schools in question of children 
residing outside the corporation, on payment of tuition, recognizes and by impli- 
cation authorizes the custom of admitting such pupils to all the schools. The 
rights of the children of the corporation must always be considered first, and 
must never be sacrificed for the sake of the tuition money of non-residents. — HoU 
combe, Supt. 

5. Taxing persons transferred. If a person is transferred to a school 
corporation for school purposes after such corporation has issued bonds to build 
school houses, such person and his property situated outside such corporation may 
be taxed to pay ofi" such bonds. — LaFollette, Supt. 

6. Property subject to taxation whether transferred or not if 
children are sent to school. Having voluntarily enjoyed the benefits of the 
adjoining school by sending his children there to be taught, we think he is bound ^ 
to pay the tax, whether he caused himself to be transferred to such adjoining dis- 
trict for educational purposes or not. The fact that he failed to have himself so 
transferred can not affect the law by which he made himself liable to taxation by 
sending his children to be taught at the adjoining school ; and he can not avoid 
the payment of the tax by merely failing to be transferred for educational pur- 
poses. 62 Ind. 291. 

7. Property of transferred person or persons who take advantage of the 
schools subject to this tax. 62 Ind. 271. 

8. See sections 4467, 4468, 4473, 4474 and 4488 and notes. 



SCHOOL LAW OF INDIANA. 143 

[1879, S. p. 76. Approved and in force March 20, 1879.] 

4491. Condition toefore building. Before the School Trustees 
■of any incorporated town or city in this State shall purchase any ground 

for school purposes, or enter into any contract for the building of any 
school building or buildings, they shall file a statement with the Trust- 
ees of such incorporated town, or Common Council of such city, show- 
ing the necessity for such purchase of ground, or the erection of such 
building or buildings, together with an estimate of the cost of such 
ground or buUding or buildings, and the amount of means necessary to 
be provided to pay for such ground or building or buildings. And they 
shall not purchase any ground, or enter into any contract for the build- 
ing of any school building or buildings, until such action be approved 
by the Trustees of such incorporated town, or by the Common Council 
of such city : Provided, however, That there shall be nothing in this act 
so construed as to affect any purchase of grounds, or contract made for 
the erection of any building or buildings, for school purposes, prior to 
the taking efiect of this act. (1) 

ri879, S., p. 95. Approved March 31, 1879, and in force May 31, 1879.] 

4492. Surplus special school reienue. It shall be the duty of 

the Board of School Trustees of any city or incorporated town in this 
State to pay over to the Common Council or Board of School Trustees 
of such city or town any surplus special school revenue in the hands of 
such School Trustees, not necessary to meet current expenses ; such 
excess of the revenue aforesaid to be applied for the payment of the 
interest or principal, or both, of any indebtedness incurred under the 
provisions of the act of March 8j 1873, authorizing cities and incorpo- 
rated towns to negotiate and sell bonds to procure means to erect and 
complete unfinished school buildings, and to purchase any ground and 
building for school purposes, and to pay debts contracted for the erection 
and purchase of buildings and grounds. (1) 

[1889, p. 101. Approved and in force March 5, 1889.] 

4492a. Bonds in cities. Boards of School Commissioners in all 
cities of this State having thirty thousand, or more, inhabitants, accord- 
ing to the United States census for the year eighteeen hundred and sev- 
enty, are hereby authorized to prepare, issue and sell bonds to secure 
loans not exceeding in the aggregate, at any one time, the sum of two 
hundred and fifty thousand dollars, in anticipation of the revenue, for 
purchasing grounds and building school houses, to bear such rate of 
interest, not exceeding six per cent, per annum, and payable at such 



144 SCHOOL LAW OF INDIANA. 

time within ten years from date, as the Board may determine ; and the 
money obtained as a loan on any such bonds shall be disbursed by the 
order of said Board in payment of indebtedness incurred in the purchas- 
ing of grounds, or building of school houses, or in refunding any bonds 
or other evidence of indebtedness issued for such purpose. Such bonds 
mav be issued in such denominations and in such sums as the Board of 
School Commissioners may deem to be expedient : Provided, That at no 
time shall the amount of such bonds so issued by any such Board of 
School Commissioners, then outstanding, exceed said sum of two hundred 
and fifty thousand dollars : And, provided further, That such bonds 
shall not be sold for less than their par value. (El. Sup., sec. 1264.) 
(1) 

44921). Laws repealed. All laws and parts of laws inconsistent 
herewith are hereby repealed. (El. Sup., sec. 1265.) (2) 



ARTICLE VII— SCHOOLS AND SCHOOL-HOUSES. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4493. Bible. The Bible shall not be excluded from the public 

schools of the State. (167) 

1. Note. The Bible, without note or comment, is installed in the common- 
schools of Indiana, Its continuance as the moral class book in these nurseries of 
her future citizens will as surely mark the period of her prosperity and grace the 
zenith of her glory, as its exclusion would prove the precursor of her decline, the 
herald of her shame. — 3fUls, Supt. 

2. Teacher independeijt. Neither the Examiner nor the Trustee should' 
ever inquire into the 'peculiar religious belief of a teacher, yet an Examiner 
should not license an immoral person, nor one who is a scoffer at the teachings o£ 
the Bible and things sacred. — Fletcher, Supt. 

Our law, therefore, wisely leaves the whole matter of Bible reading and 
prayers with the good "-judgment and conscience of the teachers. To obligate 
them by contract to read the sacred Scriptures and hold prayers in their schools 
would be in exceedingly bad taste, if not sacrilegious; to refuse them the right, 
when they, in good faith and conscience, desire to do so, would be the very worst 
of tyranny. — Hopkins, Supt. 

3. Devotional, exercises can not be enforced — You ask if a rule of 
the Board requiring "the reading of the Scriptures, with devotional exercises,"' 
can be enforced. As officers, you should be governed by the Constitution and 
statutes, and not by any personal views you may hold. It is true the statute says : 
''The Bible shall not be excluded from the public schools of the State." But the 
State Constitution also says : 



SCHOOL LAW OF INDIANA. "• 145 

(1) "All men shall be secured in their natural right to worship Almighty 
God according to the dictates of their own consciences." Section 47. 

(2) "No law shall, in any case whatever, control the free exercise and enjoy- 
ment of religious opinions, or interfere with the rights of conscience." Section 48. 

(3) "No preference shall be given, by law, to any creed, religious society, 
or mode of worship ; and no man shall be compelled to attend, erect, or support 
any place of worship, or to maintain any ministry against his consent." Sec- 
tion 49. 

(4) "No religious test shall be required as a qualification for any office of 
trust or profit." Section 50. 

In view of these provisions of the State Constitution, it seems that the only 
thing the Legislature intended to authorize school authorities to do in section 
4493, is to put the Bible in the school and leave the use of it to the good judg- 
ment and conscience of the teacher. 

Under the law you are as a corporate body authorized to make and enforce 
all reasonable rules (not in conflict with the Constitution or statutes) for the suc- 
cessful conduct of the business entrusted to your care. The statute (section 4493) 
clearly does not directly authoi'ize such a rule, and I think it does not authorize 
it by implication. Such a rule might "interfere with the rights of conscience" 
either of the teacher, some of the pupils or parents, and it is, therefore, not war- 
ranted. Clearly the statute and the Constitution authorize the reading of the 
Bible, and prayer in the public schools, but it should be done by choice and not 
by compulsion ; and when done it should be done in such a discreet way as not to 
"interfere with the rights of conscience." Complete religious liberty is what the 
Constitution guarantees to every one, and this is what should be aimed at by the 
School Board and the teacher. This thought is aptly expressed in the Constitu- 
tion of Virginia — "It is the mutual duty of all to practice Christian forbearance, 
love and charity toward each other." The School Board should practice forbear- 
ance, love and charity toward the teacher, the pupils and parents. The opinion 
of any one, in connection with the school, of whatever religious faith, should be 
respected and held inviolate, as the Board would have its own opinions respected. — 
Yories, Supt. 

4494. Uniformity as to time — Numbering, All schools in a 
tov^nship shall be taught an equal length of time, as nearly as the same 
can be done, without regard to the diversity in the number of pu- 
pils at the several schools, or the cost of the school ; and each of said 
schools shall be numbered, by the proper Trustee, as School No. — . 
(11) 

1. Equality of term. All the schools in the township should, if possible, 
begin and close at the same time. The law does not require that an equal amount 
of money should be spent in each district. Differences in the number of scholars 
may require different prices to be paid for teaching different schools, but all must 
be taught an equal length of time. — Larrabee, Supt. 

The statute only requires the schools in the townships to be taught an equal 
length of time, as nearly as the same can Ije done. Harmony Tp. v. Moore, 80 
Ind. 276. See also Maloy v. Madget, 47 Ind. 241. 



146 SCHOOL LAW OF INDIANA. 

If the pupils of a district, where the school-house has been burned, have been - 
accommodated at other school districts, the money may be distributed in the town- 
ship, and lengthen each of the schools a few days. If the children can not be so 
accommodated, the Trustee may hold the remainder of the tuition and apply it 
next year to this one district. — LaFollette, Supt. But see section 4482 and notes. 

2. Eevenue not apportioned. Under the late law [of 1855] the Director 
employed the teacher. To enable him to do this, the Trustee was required to ap- 
portion the school revenue of his township to the several schools thereof in such a 
manner as to produce, as nearly as practicable, equality in the length of the 
schools. Under the present law the Trustee can not apportion the money so as to 
produce this equality before the beginning of the schools, when he will know the 
cost of each, and can determine the term for which they can be taught for the 
money on hand. — Fletcher, Supt. 

3. See §4499, note 3. 



Calendar. A school term of three months shall be sixty 
days, a school month twenty days, and a school week five days. (163) 

[1877, p. 124. Approved and in force Mareh 5, 1877.] 

449(i). Colored children. The Trustee or Trustees of such town- 
ship, town or city may organize the colored children into separate schools 
of the township, town or city, having all the rights, privileges and ad- 
vantages of all other schools of the township, town or city : Provided, 
That in case there may not be provided separate schools for the colored 
children, then such colored children shall be allowed to attend the pub- 
lic schools with white children : Provided, further, That when any child 
attending such colored school shall, on examination and certificate of his 
or her teacher, show to the Trustee or Trustees of any township, town 
or city, that he or she has made sufiicient advancement to be placed in a 
higher grade than that afforded by such colored school, he or she shall 
be entitled to enter the school provided for white children of a like grade, 
and no distinction shall therein be made on account of race or color of 
such colored child. (3) 

1. State's poweb — Separate schools. The system of common schools in 
this State has its origin in, and is provided for by, the Constitution and laws of the 
State. It is purely a domestic institution, and subject to the exclusive control of 
the constituted authorities of the State. The Federal Constitution does not provide 
for any general system of education to be conducted and controlled by the Federal 
government, nor does it vest in the Congress any power to exercise a general or 
special supervision over the States on the subject of education. The classification 
of pupils on the basis of race or color, and their education in separate schools, 
involve questions of domestic policy which are within the legislative discretion and 
control, and does not amount to an excflusion of either class ; but since the ratifica- 
tion of the fourteenth amendment of the Federal Constitution, no system of schools 



SCHOOL LAW OF INDIANA. 147 

"would be general, uniform, and equally open to all, as required by our own Con- 
stitution (§182), which did not provide for the education of the colored children. 
Corey v. Carter, 48 Ind. 327 ; State v. Gray, 93 Ind. 303 ; see Lewis v. Henley, 2 
Ind. 332. 

2. DiSTAisrcE MUST BE REASONABLE. The Legislature evidently intended by 
the above section that the colored children should have a right to go to the public 
schools when in oper£^tion, if they desired ; and that they should go to separate 
schools when they were reasonably convenient, but when not convenient, then to 
the white schools. What is reasonable, under the circumstances, is largely with 
the Trustee, and I could lay down no certain rule by which he should be governed. 
The colored child could be required to go a reasonable distance to attend a colored 
school, although there might be white schools much closer, but when the reasonable 
distance has been reached, he can not be forced to go beyond. — Woollen, Atty-Oen. 

A pupil who is compelled to go from the extreme corner of a township to the 
center of that township to obtain school privileges, is practically debarred from 
such privileges. Such a construction of the above act is evidently in accordance 
with neither the spirit nor the letter of the law. Hence, I must conclude that it is 
the intent of the law that not only a school or schools must be provided, but that 
such school must be located that the distance such colored pupil must travel to 
reach it shall not be unreasonable, and that, in case this is not done, the colored 
children must be admitted to the white schools. In determining the reasonableness 
of the distance which a pupil may be compelled to travel to school, the age and 
condition of the pupil must be taken into consideration. — Bloss, Supt. 

3. Privileges equal. I think that the expression ' ' all the rights, privileges 
and advantages of other schools," clearly makes it the duty of Trustees to furnish 
colored children, as far as may be possible, school privileges for an equal length of 
time with the whites. I do not see how the consent of the colored people them- 
selves to any other arrangement can relieve the Trustees of this duty to the colored 
children. It is the duty of the State to give them equal educational advantages 
with white children, whether they demand them or not. — Holcombe, Supt. 

4. Compulsion. The Township Trustee will not be required by mandate to 
establish separate schools for colored children, unless it is shown to be practi- 
cable. State V. Grubb, 85 Ind. 213 ; State v. Gray, 93 Ind. 303. 

5. Separate schools permitted. The constitutionality of the law for the 
establishment of separate schools for colored and white children is settled. The 
discretion given to school officers to establish separate schools for colored children 
can not be controlled by the courts, in the absence of malice or corruption, nor can 
the courts compel the admission of a child to a school already overcrowded, nor 
consider the competency of teachers, or the necessity of the graded schools, nor 
determine the grade to which a child is qualified to be admitted. State v. Gray, 
93 Ind. 303. 

[1881 S., p. 580. Approved and in force April 7, 1881.] 

4496a. Indigent children. It shall be the duty of each matron 
selected and appointed under the provisions of this act to provide the 
children committed to her care and custody with suitable sand sufficient 
food and clothing, and to give them proper home training and education ; 
and, in furtherance of this object, she shall- send to the common schools 



148 SCHOOL LAAV OF INDIANA. 

in the districts most convenient to the place where such children are 
kept, Avhere they shall be received and taught at least three months in 
each year, all of such children under her care as are of the proper age 
to be admitted into such schools, and to give personal attention to the 
instruction of those not of sufficient age to be received into such schools. 
It shall further be her duty, at all proper times when such children are 
not in school, nor engaged in study, to engage them in some active 
labor suited to their age and strength, to the end that they may become 
useful, industrious and self-supporting citizens. (3) 

1. School privii.egbs — Enumekation. Such children are entitled to school 
privileges in the corporation in which the statute (26106 E. S.) establishes their 
home, and should be enumerated accordingly. — Holcomhe, Supt. 

[1885, p. 251. Approved April 2, 1885, and in force July 18, 1885.] 

449(>b. Appropriations tor indigent cliildren. The Boards of 
Commissioners in the several counties of this State are hereby author- 
ized to make suitable appropriations for the education, in the common 
school branches of learning, of the pauper children of their respective 
counties whenever, in the jndgment of the Board of Commissioners, 
justice to the school district or districts wherein such pauper children 
are kept demands such assistance ; and. all expenditures authorized by 
this act, shall be made and paid out of the County Treasury, on war- 
rants drawn by the Auditor on the order of the Board of Commission- 
ers : Provided, That where there is no provision for a matron, or an in- 
sufficient number of children to require the services of a matron, or the 
establishment of a separate school for the inmates of such asylums, it 
shall be the duty of the Board of Commissioners to require the Super- 
intendent of such asylum to send such children to the township schools. 

1. Note. Section 4496a requires the matron, whenever such a person is 
employed, to send all the indigent children of school age who are in her charge 
to the common schools in the district most convenient. This additional section 
requires the Superintendent of the County Asylum to send such children to school 
in like manner. All the indigent children maintained by the county are thus 
assigned to the public schools. They should, therefore, be enumerated by the 
school corporation in which they are maintained, so that the corporation may 
receive the amount of common school revenue apportioned for them by the County 
Auditor. But as such children represent no property from which the corporation 
may derive any revenue from local taxation, the County Commissioners are em- 
powered, and it is their duty, to appropriate such amounts as may seem to them 
just for the share of such children in the special school and local tuition revenues. 
— Holcomhe, Supt. 



SCHOOL LAW OF INDIANA. 149 

[1869, S., p. 40. Approved May 5, 1869, and in force August 16, 1869.] 

4497. Branclies taught. The common schools of the State shall 
be taught in the English language ; and the Trustee shall provide to 
have taught in them orthography, reading, writing, arithmetic, geog- 
raphy, English grammar, physiology, history of the United States, and 
good behavior, and such other branches of learning and other languages 
as the advancement of the pupils may require and the Trustees from 
time to time direct. And whenever the parents or guardians of twenty- 
five or more children in attendance at any school of a township, town 
or city shall so demand, it shall be the duty of the School Trustee or 
Trustees of said township, town or city to procure efficient teachers and 
introduce the German language, as a branch of study, in such schools ; 
and the tuition in said schools shall be without charge : Provided, Such 
demand is made before the teacher for said district is employed. (147) 

1. Trustee's duty — Mandate. In a Circuit Court the plaintiff asked for a 
writ of mandate to compel the defendants to have their children taught algebra 
and Latin in an ordinary district school. The court issued the mandate in regard 
to algebra, and refused it in regard to Latin, solely on the ground that the plaint- 
iffs had not made a suitable demand on the Trustee in regard to that study, hold- 
ing that it was his duty to cause Latin to be taught, if the attainments of the 
pupils required it, and that he could be compelled to do so by suitable proceed- 
ings. The court argued that sections 4497 and 4499 were not inconsistent with 
each other. The intent of the Legislature was that "other branches of learning 
and other languages " should be taught in the public schools'whenever the pujjils 
Iherein were sufficiently advanced in the elementary branches, and in order that 
the legislative intent might be made effective two modes of acting were provided 
for: (1) The voters were empowered to act: But, lest from any cause they 
failed in their duty and left those entitled to the benefits of the public schools 
without a remedy, then (2) the School Trustee shall act, and, they being public 
officers, could be compelled by the courts to perform their duty in case they neg- 
lected to do the same. Grubbs v. Williams, Johnson Co., 1880. 

2. Additional studies. It has been asked whether it is the duty of School 
Trustees to provide a course of study adapted to the preparation of pupils for col- 
lege. The question should be answered in the affirmative. It is fair to assume 
that the Trustees must provide suitable instruction for all the children who have 
a right to attend school ; that is, they must afford them such instruction as their 
attainments demand. If a child has mastered all the primary blanches, and being 
less than twenty-one years of age, still desires to attend schools, the Trustees must 
provide suitable instruction for him. It is not reasonable to expect him to spend 
further time on branches which he has mastered. The fact that the law permits 
children to attend school until they are twenty-one years of age is presumptive 
proof that the Trustees may be required to furnish such instruction as is suitable 
to their attainments till they reach that age. I think the argument here adduced 
equally applicable to Trustees in cities as to those in townships, as the language 
of the statute applies to both alike. — Smart, Supt. 



150 SCHOOL LAW OF INDIANA. 

3. Order of studies. The school law provides that instruction shall be- 
imparted in certain studies, the German language under certain circumstances 
being included in the list. The time at which these studies shall be commenced, 
the order in which they shall be taken up, and the length of time devoted to each, 
are matters which are and must be left to the Trustees or School Board. It is their 
duty to act upon a regular petition, but to act in the way which, in their discre- 
tion, seems most practicable. — Holcombe, Supt. 

4. Teacher's contract. If the Trustee had employed a teacher for the term, 
or school year, before the patrons of the district petitioned him to have the Ger- 
man language taught in the school, then he was justified in paying no attention to 
their petition. — Baldwin, Atty-Gen. 

5. German a branch of study. The plain requirement of the law is that 
the common schools shall be taught in English, and that under certain circum- 
stances the German language may be introduced as a branch of study. It is not 
contemplated that German shall be used as the medium of communication and 
instruction in the schools. That would be at variance with the purpose of our 
schools. But in the midst of a dense foreign population it may be impossible to 
conduct a school in English. The law never requires the impossible. But it is 
the duty of officials and citizens to conform to the law in all respects as nearly as' 
circumstances permit. Now, the German children of Indiana are as much entitled 
to school privileges as any others, and it is often necessary that they receive 
instruction through the medium of their native language. But when such is the- 
case the teacher should be required to teach the children the English language as 
rapidly as it can be done, and to change the language of the school as soon as 
possible from German to English, making the latter the medium of communica- 
tion. It follows that no person should be employed as a teacher of German chil- 
dren who is not able to pursue this course, for which the ability to speak English 
is essential. Indeed, so important is a thorough knowledge of English to such 
teachers that they ought to be able to write their examination in that language, 
and there is no reason for exempting them from examination in any of the eight 
branches. — Holcombe, Supt. 

6. Music. The Trustees may require all pupils to study music, to provide 
themselves with a certain kind of music books, and may prohibit the attendance 
of any pupil that refuses to comply with such requirement. State v. Webber, 
108 Ind. 31. 

7. License for teachers of special subjects. When a teacher is em- 
ployed to teach special subjects, he should be examined only on the subjects he is 
required to teach. — Vories, Supt. 

See section 4425, note — . 

8. Statute construed. The words "any school" means any place where a 
public school is taught, with its complement of teachers and scholars. 127 Ind. 14. 

9. German must be taught when demand is made. Where the requisite 
demand is made for the teaching of German in a certain school of the city, the 
requirement of the statute is not met by providing that the language shall be 
taught in another school of the city when the pupils have reached a certain grade ; 
but it must be taught in the particular school where the demand is made. And 
the Board can not set up a lack of funds as an excuse for their refusal to intro- 
duce the study of German, where it appears that studies not named in the statute 
as required studies are taught at an expense greater than would be necessary for 



SCHOOL LAW OF INDIANA. 151 

the teaching of German. Board of School Commissioners of the city of Indian- 
apolis V. State ex rel. Sander, 129 Ind. 14 ; S. C. 28 N. E. Eep. 61. 

10. See sections 4425, 4447a, 4447b, 4447c, 4447d, 4447e, 4447f, 4501, 4502, 
and notes. 

[1895, p. 375. Approved March 14, 1895. In force June 30,1895.] 

4497a. Effect of Alcoholic Drinks and Narcotics. The nature of alco- 
holic drinks and narcotics and their effects on the human system in connection 
with the subjects of physiology and hygiene, shall be included in the branches to 
be regularly taught in the common schools of the State and in all educational 
institutions supported wholly or in part by money received from the State ; and 
it shall be the duty of the Boards of Education and boards of such educational 
institutions, the township trustees, the Board of School Trustees of the several 
cities and towns in this State to make provisions for such instruction in the 
schools and institutions xinder their jurisdiction, and to adopt such methods as 
shall adapt the same to the capacity ol the pupils in the various grades therein ; 
but it shall be deemed a sufficient compliance with the requirements of this 
section if provision be made for such instruction orally only, and without the use 
of text-books by the pupils. (1) 

4:497b. Teachers examined concerning. No certificate shall be granted 
to any person (on) or after the first day of July, 1895, to teach in the common 
school or in any educational institution supported as aforesaid who does not pass 
a satisfactory examination as to the nature of alcoholic drinks and narcotics and 
their effects upon the human system. (2) 

4497 c. Failure to teach effects — Dismissal. Any Superintendent or 
Principal of, or teacher in any common school or educational institution sup- 
ported as aforesaid who willfully refuses or neglects to give the instruction 
required by this act shall be dismissed from his or her employment. (3) 

449 7 d.' When act goes in force. This act shall take effect and be in 
force from and after the thirtieth day of June, eighteen hundred ninety-five 
(1895) (4) 

[1865, p. 3, Approved and in force March 6, 1865.J 

4498. Voters' meeting — School Director. The voters shall meet, an- 
nually, on the first Saturday in October, and elect one of their number Director of 
such school ; who shall, before entering upon duty,^take an oath faithfully to dis- 
charge the same. The Director so elected shall, within ten days after said elec- 
tion, notify the Trustee of his election; and, in case of failure to elect, the 
Trustee shall forthwith appoint a Director of said school. But any Director so 
appointed may be removed, upon a petition of three-fourths of the persons at- 
tached to said school who are entitled to vote at school meetings. (25) 

1. Voters at school meetings. Voters at the school meetings of a district 
are all tax-payers, male and female, except married women and minors, who have 
been listed as parents, guardians, or heads of families, and attached to such dis- 
trict. Tax-payers are those persons who are liable to pay taxes, either poll or 
upon property. Any voter at the school meeting [a woman if unmarried] is 
eligible to the office of Director. — Buskirk, Atty-Oen. 

Transferred persons are voters in the district to which they aro attached. §4473. 
Persons who have moved into the district since the enumeration are voters. — 
LaFoUette, Supt. 

2. The Dieector. The selection of a Director should be a matter of great 
care. He receives no pay for his services, and should therefore be one whose in- 
terest in the cause of education would lead him to be a frequent visitor of the 
school, and whose knowledge of the wants of the school-room is such that he will 
see that it is provided with all that will add to the comfort and convenience of the 
teacher and the scholars.- — Fletcher, Supt. 

If the person elected Director refuses to serve, the old Director holds over, 
and if he refuse to hold over, or if at any time the Director dies or resigns, a 
meeting should be called to fill the vacancy. (?4499.) The Trustee can fill a 
vacancy only when it is caused by failure of the annual meeting to elect. A per- 
son elected can not be removed upon petition ; but a person appointed must be 
removed when the demand is properly made. — Bloss, Supt. 



'152 SCHOOL LAW OF INDIANA. 

3. Officees —Elected and appointed. It is only elected oflficers that hold 
.until their successors are elected and qualified. An appointee to fill a vacancy 
can only serve out the unexpired term. 78 Mich. 635. 

5. Listed and attached. To be "listed as parents, guardians or heads of 
families " means that the Trustee in taking the enumeration listed them, that is, 
put them on the enumeration list or report, and "attached," that is, assigned 
-them to a certain district for school purposes. — Vories, Siqit. 

6. This section has no application to incorporated towns and cities. 42 
Ind, 200. 

[1873, p. 68. Approved and in force March 8, 1873.] 
4499. other meetings— Powers. The voters at school meetings may hold 
other school meetings at any time upon the call of the Director or any five voters. 
Five days' notice shall be given of such meeting, by posting notices in five public 
places in the vicinity ; but no meeting shall be illegal for want of such notice, in 
the absence of fraud; and the legality of such proceedings, if called in question, 
shall be determined by the Trustee of the township, subject to an appeal to the 
County Superintendent, whose decision shall be final. Such school meetings shall 
Aave power to determine what branches, in addition to those mentioned in section 
;fhirty-four of tliis act [§4425], they desire shall be taught in such school, and the 
time at which such .school shall be taught : Provided, however, That the tuition 
, revenue apportioned to the school shall be expended, within the school year for 
■which it was apportioned : Provided, further, That such school year shall begin on 
vtbe 'first Monday of July. Such school meetings shall likewise have the power 
to fill vacancies that may occur in the office of Director ; to direct such repairs as 
they may deem necessary in their school house ; to petition the Township Trustee 
for the removal of their school house to a more convenient location, for the erec- 
tion of a new one, or the sale of an old one and the lands belonging thereto, and 
upon any other subject connected therewith ; and at such meetings all tax-payers 
of the district shall be entitled to vote, except married women and minors: P'o- 
vided, That nothing herein contained, shall prevent the Trustee from exercising 
a sound discretion as to the propriety or expediency of making such repairs, 
removing or erecting school houses, and the cost thereof. (26) 

1. School meetings. The machinery of school meetings and School Di- 
rectors is unprovided for and unknown in cities and to-ivns. Crawfordsville v. 
Hays, 42 Ind. 200. 

2. ,0n determination of branches, see §4497 and notes ; on filling vacancies, 
see §4498, note 2. ' 

3. Apportionment. The apportionment Irere mentioned is not an appor- 
tionment in the strict sense in which the term is used when referring to that made 
to the counties by the Superintendent of Public Instruction, and that made to 
cities, towns and townships, by the County Auditor ; but merely means an in- 
formal estimate by the Trustees of the amount of money needed for each school 
or district. (§4494r-2.) A district is not a corporation, and does not acquire a 
right to any definite share of the revenue, which belongs to the township as a 
whole. If, therefore, a teacher terminates his engagement so near the close of a 
term that it is inexpedient to employ another person to complete the term, the 
money designed by the Trustee for that school remains in his hands, to be ap- 
plied to the payment of expenses of the other schools in his corporation, and that 
part of it derived from the tuition revenue must be expended within the school 
year, — Holcombe, Supt. 



SCHOOL LAW OF INDIANA. 158 

4. Location of school house — Appeal. — The action of a school meeting, 
with reference to the erection, repair or removal of a school house, etc., has only ' 
the force of a request, and, therefore, never binds the Trustee to any course of; 
action. — Smarts Supt. 

A Township Trustee can not, by mandate, be required to locate and build & 
school house on land that does not belong to the township, notwithstanding the 
County Examiner, on an appeal from his decision, has rendered a judgment re- 
quiring him to erect a school house on said land. It is not enough that a petition 
bv certain inhabitants of the proper school district to the Trustee, praying for 
such location and building, states that the land will be deeded to the township on; 
the acceptance of the location by the Trustee and his order to build. Koontz v. 
State, 44 Ind. 323. See ^4517-4519. 

5. Appeal — Trustee's discretion. The decision of the Examiner is, doubt- - 
less, final so far as the particular case before him is concerned. But when the 
Examiner, upon a case appealed to him, has established the location of a school 
house, is that location to be forever thereafter permanent? Is there no power left 
in the Trustee, for it must be in him if in any one, to subsequently change the loca- 
tion, in order to meet the varying wants of the district? We must hold that the 
location thus made by the Examiner shall forever remain unalterably fixed, or 
that it may be subsequently changed by the Trustee. If it may be changed by 
the Trustee at all, it may be done at any time after the action of the Examiner. 
Mere lapse of time, whether long or short, can not afTect the question. As be- 
fore observed, we think it clear that the Trustee can make the change. — Id. See - 
g4537. 

On appeal, a County Superintendent reversed the decision of the Trustee, lo'- 
eating a school house. Again, on appeal, he reversed another decision by such 
Trustee, refusing to locate the school house at a place designated by the Superin- 
tendent in his first reversal. Thereupon the Trustee located the house at an enu- 
tirely difierent place, but near (150 yards from) where he had first located- It- 
The court decided that he could not be prohibited from locating the school house ' 
at the place last chosen, and that the County Superintendent can not make the"- 
location, and that his decision on appeal is final only for the time. State v. Sfe^— 
whinney, 67 Ind. 397. This case overrules Trager v. State, 21 Ind. 317, and"' 
State V. Custer, 11 Ind. 210, on this point. 

6. Appeal — Abolishing district. The facts in this case were that the legaf^ 
voters and patrons of school district No. 16 held a meeting, and by resolution re-- 
quested the Township Trustee to fit up an additional school room and procure a 
teacher for said room. The Trustee declined to comply, and an appeal was taken - 
to the County Superintendent, who reversed the Trustee's decision. This action . 
was by mandate to compel the Trustee to comply with the request. The Trustee- 
answered that the land whereon the said school had been conducted did not belong: 
to the township, but was individual property, which had not been leased or other- 
wise secured by the township; that said district never had a school building; that 
other schools had been established, and an arrangement made to accommodate the 
children of No. 16, which had been abolished. The complaint stated no cause of 
action. The statutes permitting the voters to hold school meetings and direct the; ' 
repairs, etc., of the school buildings has only reference to public schools. The 
statute has no reference to private schools, nor to private buildings of any kind 
not leased to the township for school purposes. Where the voters direct repairs 



154 SCHOOL LAW OF INDIANA. 

to be made elsewhere than the public school building, the Trustee has no right to 
obey, and the decision of the County Superintendent otherwise is a nullity. The 
Trustee had authority to abolish No. 16 and provide other educational facili- 
ties for the children thereof. State v. Sherman, 90 Ind. 123; Tuftsin. State, 119 
Ind. 232. But see note 9. 

7. Eights of pupil after gbadtjation from district course of studies. 
When a pupil has graduated from the common school course, he is entitled to be 
taught the higher branches thereafter. If he can not be accommodated in the 
district schools by vote of school meeting, as provided in section 4499, the Trus- 
tee must furnish the necessary educational adv-antages elsewhere. The fact that 
he passed the requisite examination precludes the Trustee from questioning his 
ability to profitably pursue the higher branches. 

A similar case was so decided in Grubbs v. Williams, in the Johnson County 
Circuit Court, in 1880. — Vories, Supt. 

8. Trustee may abolish the district. The Trustee may abolish the dis- 
trict and rearrange the boundaries of others so as to accommodate the pupils of 
the abolished district. 4 Blackf. 351. 

9. Decision of County Superintendent final. The decision of the 
County vSuperintendent is final as to the location selected by the Trustee. 129 
Ind. 101. See notes 4, 5 and 6. 

10. Director's certificate of vote. When the vote is certified to by the 
director it becomes operative. 63 Mich. 611 ; 78 Mich. 635; 59 Vt. 202. 

11. Notice is jurisdictional. Until the notices provided for have all been 
given and posted as required, giving the time, place and purpose of the meeting, 
the meeting will be illegal. 63 Mich. 611; 78 Mich. 635; 59 Vt. 202; 73 Mich. 
40. See, also, 15 E. I. 446; 8 Atl. Eep. 341; 21 Neb. 723; 33 N. W. Eep. 266. 

12. Plurality will control. In this country it is generally understood 
that, in the absence of any statutory provision expressly requiring more, a plu- 
rality of the votes cast will elect. 78 Mich. 635 ; 73 Mich. 40; 40 N. W. Eep. 928; 
6 N. Y. Supl. 212; 53 Hun. 143; 41 Kan. 1; 71 Mich. 87; 38 N. W. Eep. 712; 
47 N. J. 235. 

13. See sections 4498, 4499a and notes. 

14. Proviso. Construed. Knight v. Woods, 129 Ind. 101. 

[1893, p. 17. Approved February 7, and in force May 18, 1893.] 

4499a. Whenever it becomes necessary for the Trustee of any 
township in this State to change and re-establish the site of any school 
building and remove said building to a new site and location therefor, 
such Trustee shall first present to the County Superintendent of Schools 
of the county in which such township is situated, a petition setting forth 
therein the place and particular point to where it is desired to change 
and relocate the site of any snch building, and to remove the same 
thereto, together with a brief statement of the purposes and reasons for 
such proposed change of location of said school building, and upon such 
petition shall first procure an order from such County Superintendent, 
authorizing him to change the site and location of such school building, 
and remove said building to its new site and location : Provided, That 



SCHOOL LAW OF INDIANA. 155 

said petition shall be signed by said Trustee and the majority of the pa- 
trons of the school where said building is located, and satisfactory proof 
shall be made to said County Superintendent that the persons signing 
said petition constitute a majority of the patrons of said school. 

4409b. Before such County Superintendent shall grant such order 
such Trustee shall make and file with said Superintendent his affidavit 
that he has caused notice to be given of such petition, the purposes 
thereof, the place of the change of location of such school building, and 
the time when the same will be presented to the said County Superin- 
tendent by posting notices in not less than five public places in his town- 
ship, three of which shall be in the immediate neighborhood from where 
such school building is to be removed, at least twenty days prior to the 
time when the same is to be heard by said County Superintendent. 

4499c. The Trustee of any township in this State violating the pro- 
visions of this act shall be guilty of a misdemeanor, and, upon convic- 
tion thereof, shall be fined in any sum not less than fifty nor more than 
£ve hundred dollars. 

4499d. All laws and parts of laws in conflict with the provisions of 
this act are hereby repealed. * 

[1865, p. 3. Approved and in force March 6, 1865.] 

4500. Estimate of expenses. When such meetings shall petition 
the Trustee in regard to repairs, removal, or erection of a school house, 
they shall also furnish to such Trustee an estimate of the probable cost 
of such repairs, removal or er6ction. (27) 

1. Petition of patrons. A petition for the location, etc., of a school house 
may be signed and presented to the Trustee, and an appeal taken therefrom, 
although such petition did not originate, nor was it signed, at a school meeting. 
Trager v. State, 21 Ind. 317. 

[1891, p. HI. Approved and in force March 5, 1891.] 

4500a. Doors must swing outward. Whoever, being the owner, 
manager, lessee, trustee, or person having the charge of any theater, 
opera-house, museum; college, seminary, church, school house, or other 
public building, refuses or neglects to cause all the doors thereof, con- 
structed for the purpose of ingress and egress, whether inner or outer 
doors, to be so hung that the same shall swing outwardly, shall be fined 
in any sum not exceeding one thousand dollars nor less than ten dollars, 
to which may be added imprisonment in the county jail for any period 
not exceeding six months : Provided, That this section shall not apply 
to the outer doors of one-story churches and school houses. (243) 
12— School Law. 



156 SCHOOL LAW OF INDIANA. 



[1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 

4501. Teachers, eiuploymeiit and dismissaL Trustees shall em- 
ploy no person to teach in any of the common schools of the State of 
Indiana, unless such person shall have a license to teach, issued from the 
proper State or county authority, and in full force at the date of the 
employment. Any teacher who shall commence teaching any such 
school without a license, shall forfeit all claim to compensation oat of 
the school revenue for tuition for the time he or she teaches without 
such license ; but if a teacher's license shall expire by its own limitation 
within a term of employment, such teacher may complete such term of 
employment within the then current year. The said Trustee shall not 
employ any teacher whom a majority of those entitled to vote at 
school meetings have decided at any regular school meeting, they do not 
wish employed ; and at any time after the commencement of any school, 
if a majority of such voters petition such Trustee that they wish the 
teacher thereof dismissed, such Trustee shall dismiss such teacher, but 
only upon due notice, and upon good cause shown ; but such teacher 
shall be entitled to pay for services rendered. (28) 

1. License essential. A valid contract for the teaching of a public school 
can not be made by a Trustee with one who, at the time, has no license to teach in 
the county, and the subsequent procurement of a license does not validate the con- 
tract. Butler V. Hains, 79 Ind. 575. And a person can neither recover compensa- 
tion for services rendered as teacher, nor damages for breach of contract for such, 
services, unless he was licensed to teach as prescribed by the statutes. Jackson 
Township v. Farlow, 75 Ind. 118. See also Harrison v. Conrad. 26 id. 337, and 
Putnam i'. Irvington, 69 id. SO. See note 14. 

2. Liabilities of Trustees. If a Trustee employes or permits to begin 
teaching in a public school any person who has not a valid license as required by 
law, the Trustee will be liable on his bond for the misapplication of any school 
revenue paid to such unlicensed person ; and the County Superintendent or any 
interested citizen may bring an action against the Trustee to recover for the corpo- 
ration the amount so misapplied. — Holcomhe, Swpt. See note 15. 

If the father or guardian of a minor employed to teach has given him what 
is properly called " his time," the minor can sue for and recover the value of his 
services, and the Trustee can pay him the money, earned without fear of having to- 
pay it to such father or guardian. But if the father or guardian has not given 
him "his time," then only the father or guardian is entitled to receive pay for the 
services rendered, and either of them is entitled to sue for the same. In all cases, 
before payment is made, require the father or guardian to give a receipt, or else 
require him to consent in writing to the payment to the minor. — Baldwin, Atty- 
Gen. See note 31. 

3. Teachers' contracts — Actions. A teacher contracts with a school town- 
ship through its Trustee, and although the Trustee squanders the township funds- 
and his bond is worthless, yet the township is liable to pay the teacher as specified 



SCHOOL LAW OF INDIANA. 157 

in the contract. A verbal contract with a School Trustee to teach a school is 
as binding as a written contract. — Baldwin, Atty.-Gen. 

A contract to teach school, which is left blank in respect to the terms of em- 
ployment, and contains no stipulation as to how the blanks shall thereafter be 
filled is not binding; but if treated as a contract of employment for an indefinite 
time the damages for its breach would be nominal only. Atkins v. Van Buren 
Township, 77 Ind. 447. 

The fact that a Trustee has no fmnds is no defense to a teacher's claim for 
compensation, nor an excuse for refusing to allow him to complete his term of em- 
ployment. Harmony Township v. Moore, 80 Ind. 276. 

The court, after a failure to make the money on execution, may order the 
judgment in favor of the teacher to be paid out of the school funds of the town- 
ship in the county treasury. Town of Milford v. Simpson, 11 Ind. 520. 

A teacher of a common school is entitled to compensation, if failure to act- 
ually conduct the school each day of the term was caused by the act or omission 
't)f the school authorities; and where the evidence shows that a strict perform- 
•ance by the teacher of the conditions of the contract has been prevented or waived 
by such act or omission, a recovery can not be defeated by such failure. Charles- 
town Township v. Hay, 74 Ind. 127. 

To recover for his services, the teacher must sue the school township, and not 
the civil township. Harrison Township v. McGregor, 67 Ind. 380. If the con- 
tract be with the "Township Trustee," the contract may be reformed by alleging 
and proving that it was with the school township, and when so reformed it may 
be enforced. Sparta School Tp. v. Mendell, 37 N. E. Kep. 604. 

When may he employed. A contract made by the School Board of Trustees of a 
town or city with a teacher prior to the annual election in June of a new member 
of the board and the reorganization required by statute, for services to be per- 
formed after the election of such member, is valid and binding on the school town 
or city. School Town of Milford v. Zeigler, 27 N. E. Kep. 303; Eeubelt v. School 
Town of Noblesville, 106 Ind. 478. Amount of recovery, see g4449, note 4. Suf- 
ficiency of complaint, see School Town of Rochester v. Shaw, 100 Ind. 268, and 
Owen School Township v. liay, 107 Ind. 351. 

Where a School Board in session passed, and entered of record, an order em- 
ploying a teacher, this was a valid employment, and the subsequent signing by the 
Trustees at diiferent times can not affect it. School Town of Milford v. Zeigler, 27 
N. E. Rep. 303. 

The licensing of a minor to teach in our public schools does not remove his 
ability to bind himi-elf by a contract to teach school. Any contract such minor 
may make with a school township is binding upon the township, and such minor 
may sue the townsliip and recover the value of his services, even though that 
amount be more than the price agreed upon; But the minor is not bound to teach 
the school unless he sees fit, and he can receive pay only for the work actually 
done.— --BaMtym, Atty.-Oen. See 2 above. See also note 9. For term of employ- 
ment of township teacher see section 4501a. See also note 31. 

4. Protest agaii^st teacher. A protest against a teacher to be binding 
must be made at a school meeting regularly called and conducted according to law 
before the employment of the teacher, and by a majority of all the persons entitled 
to vote at such meeting, not merely a majority of those present. The persons en- 
titled to vote at the school meeting of a district are all tax-payers, male and female, 
except married women and minors, who have been listed by trustees as parents, 
guardians or heads of families, and attached to such district. (§4498-1.) The 
patrons are by law entitled to protest against the employment of any teacher. It 



158 SCHOOL LAW OF INDIANA. 

is the Trustee's duty to allow them an opportunity to make their protest in the 
manner provided by law, and, if he is notified that a school meeting will be called 
for that purpose, any contract he may make with a teacher will be subject to the 
action of such meeting. Patrons are not empowered to select teachers (§4444-2)' 
and they can not effect a selection indirectly by protesting against all the world 
except a certain person. The protest must name definitely the person or persons 
against whom it is directed. — Holcombe, Supt. 

5. Dismissal op teachers. A teacher employed for a definite time may be 
discharged for incompetency ; but if he is competent, and is, in all things, fulfill- 
ing his contract, he can not be, without his consent. Crawfordsville v. Hays, 42. 
Ind. 200. But when the teacher is improperly discharged, the school corporation, 
not the Trustees personally, is liable. Morrison v. McFarland, 51 Ind. 206 ; But- 
ler V. Haines, 79 Ind. 575. If a teacher be employed to teach a particular school, 
and he is not permitted to do so, it is no defense in a suit for a breach of contract, 
that he was offered another school in the same township, unless it be shown that 
the conditions and number of children at the latter were such that it would cer- 
tainly not be discontinued before the other. Sparta School Tp. v. Mendell, 37 N. 
E. Eep. 604. 

This is the language of the Supreme Court, and, although made with refer- 
ence to a city, is an enunciation of the common law principle, and is, I think, ap- 
plicable to the case of dismissal of a teacher by a Township Trustee, without a 
petition from the patrons. If the teacher breaks the contract, it seems to me that 
the Trustee should not be bound by it. The law requires the Trustee to investigate 
charges made against a teacher by a majority of the voters of the district, but it is 
held that he may investigate charges made by any number of responsible patrons. 
The decision of the Supreme Court, upon an analogous question, in Thayer v. 
State, 21 Ind. 317, justifies this opinion. — Smart, Supt. 

But no Trustee should ever dismiss a teacher without first giving him an op- 
portunity to be heard in his defense. — Varies, Supt. 

The Trustee should investigate the truth or falsity of the matter alleged for the 
dismissal of a teacher. For this purpose he should cause the parties — petitioners 
and teacher — on an appointed day to appear before him, when he should hear the 
testimony pi'o and con. Any of the causes for the revocation of a license enumer- 
ated in §4426, is likewise good cause for the dismissal of a teacher. Peculiar cir- 
cumstances may sometimes render dismissal proper for other causes. — Bloss, Supt. 

6. Holidays. Named and defined in Acts of 1889, p. 101. 

Recognized holidays can not be deducted from the time for which a school 
teacher contracts to teach, and his pay reduced accordingly. He is entitled to pay 
for such days, even though he does not teach. School District No. 4 v. Gage, 39 
Mich. 484 ; Holloway v. School District, 62 Mich. 153. See note 38. 

7. In cities and towns. The latter part of this section (concerning the 
power of school meetings and the employment and discharge of teachers) has no 
application to cities and incorporated towns. But if, in such cities and towns, the 
teacher be incompetent, or fail in the duties of teacher, he may be dismissed by the 
School Trustees. Crawfordsville v. Hays, 42 Ind. 200 ; Putnam v. School Town of 
Irvington, 69 Ind. 80. 

8. The contract — What constitutes stipulations of. The variety of 
stipulations in contracts to teach in this State led the Executive Committee of the 
State Teachers' Association of 1893 to place the subject, "What constitutes the 
legal stipulations of a contract to teach," on the program, and to select a noted 



SCHOOL LAW OF INDIANA. ., , 159 

attorney, who has long been a member of the School Board, to present the legal 
phases of the subject of contracts. Hon. Ephraim Marsh, of Greenfield, Ind., 
after several weeks' investigation, presented the following paper to the officers' 
section of the Association. The high standing of Mr. Marsh before the bar of the 
State, his long service as a school trustee, and the numerous common law interpreta- 
tions in adjudicated cases which he cites, gives full assurance that his conclusions 
are sound. 

School trustees may stand in the way of progress in our public schools. Some 
of them have greatly injured the schools of their corporations by inserting in 
their contracts to teach arbitrary, illegal and vicious clauses, thus driving out of 
their corporations the most worthy and progressive teachers. It is hoped that, by 
this clear statement of the law and their duties in this regard, there will be fewer 
vicious contracts foisted upon the teachers of the State, and that the schools will 
thereby be lifted to a higher plane. 

A statute requiring the publication in the county newspapers of all contracts 
to teach would disclose not only an unprogressive, but a very vicious practice in 
some of our school corporations. 

These contracts in themselves are highly educative. The people have a vital 
interest in them. Anything that is contrary to public policy should not be toler- 
ated in a public contract. 

The paper. "The question is, ' What constitutes the legal stipulations of a 
contract to teach'? In the discussion of a question like this, the first thing to 
call your attention to is, that in every contract there must be the coming together 
of two or more minds. In a teacher's contract it is the school corporation, by its 
officers, and the teacher. The school corporation is governed by. the laws of the 
State, and, in making a contract with a teacher, the laws of the State enter into, 
and become a part of, the same. See Owen School Township of Clark County v. 
Hay, 107 Ind., p. 351. 

"It is also a familiar principle of the law of contracts that that which is re- 
pugnant or contrary to law, although expressed in the contract, is void. Also 
anything that is against public policy or vicious in its tendencies. With these 
simple rules for the construction of a contract, a school officer ought not to have 
any trouble in drafting a contract with a teacher, or in construing one already 
drafted, and, therefore, the only stipulations a contract should contain would be 
the school term, its beginning and ending, the place where the school is to be 
taught, and the wages to be paid. Anything else in a contract is surplusage, and 
is very likely to be void ; and, if not void, may lead to confusion and litigation. 
I think these are the legal stipulations of a teachers' contract, and these only. A 
school teacher is a quasi officer, and, when he contracts with the proper officer to 
teach school, he has certain vested rights under the law, which can not be abridged 
by contract, and should not be if they could, and any limitations placed on him 
contrary to law are void. For example, such as : ' We reserve the right to close 
the school at any time if not satisfactory.' 

"Such a stipulation is not authorized, and is, therefore, void. For authority 
see 'Tripp v. School District, 50 Wis., p. 651.' 

"So, likewise, would be all similar stipulations, such as deductions from the 
wages of the teacher, for legal holidays, etc. The Supreme Court of Michigan, 
in Holloway v. Ogden School District No. 9, 28th N. W., 764; 62 Mich. 153, 
says : * The compensation of a teacher can not be affected by the occurrence of a 



160 SCHOOL LAW OF INDIANA. 

legal holiday.' As before stated, a teacher, under the law, has certain vested 
rights, which can not be taken from him. For instance, where the school house 
is destroyed by fire or otherwise, the teacher is entitled to his pay, whether he 
leaches, or not, if the school corporation fails to furnish him another house. 
In the case of School District v. Crews, 23 111., App., p. 367, the Court says: 
'' Where the school house is destroyed by fire, and the School Directors fail to f ur- 
laish another room, a teacher can recover, under his contract to teach, for five 
months,' etc. So, also, in the case of small-pftx or other epidemic, where the 
schools have to close on account thereof. For authority see Dewey v. Alpena 
School District, 43 Mich., p. 480, in which the Court says: 'A public teacher 
may recover wages for his stipulated term, although school was suspended on ac- 
-count of small-pox.' So, also, would a stipulation in a contract be void that a 
teacher is to teach during the pleasure of the School Board, etc. For authority, 
see Scott v. Joint School District, 51 Wis., p. 554, in which the Court says: 
^ Where a teacher is discharged by the School Board before the close, of the term, 
the district will be liable to him for damage, unless he did not properly perform 
his contract.' 

"Just how far a teacher may bind himself by contract, beyond what I have 
-already given, I am not prepared to say, as the tendencies of the decisions of the 
courts of last resort, and the public sentiment on the question of the common 
schools, would seem to me not to warrant school officers in making contracts with 
public school teachers, to bind them to do or no* to do, anything not clearly de- 
fined by law. 

"The public schools of Indiana are run on a broad gauge system, and all who 
are connected therewith should see to it that the teachers who bear the heat and 
burden of the day ought not, in any way, to be handicapped by contracts, which, if 
not in direct violation of law, are at least against its spirit, and the liberal tend- 
ency of the age in reference to our common schools. 

"While a teacher's contract may be either by parole or in writing, yet, it should 
always be in writing, and in plain and unmistakable terms, and ought to be uni- 
form throughout the State, and I would, therefore, suggest that the Superintendent 
of Public Instruction prepare a form of contract in conformity to the law of the 
State, as I am informed that the contracts to teach school, as to the stipulations, 
are as numerous almost as the school porporations, and contain almost every va- 
riety of stipulations that may be in the fertile mind of the school officer, binding 
the teacher to do and perform almost everything under the pains and penalties of 
everything except the death penalty. This state of afTairs should not exist. We 
should elevate the teacher, not degrade him. He is doing a noble work, and we 
should assist him with genei'ous laws and liberal contracts. 

"In conclusion, I will say that, in my opinion, the legal stipulations of the 
teacher's contract to teach school are those clearly defined by law, and anything 
in addition thereto is of doubtful propriety, and will only lead to confusion and 
error." 

It is sincerely hoped that the doctrine of the above paper will be followed by 
every School Trustee in the State. — Vo7'ies, Supt. 

9. Tbtjstees must contract as officers, and not as individuals. It 
must be remembered that School Trustees contract as officers, and not as individ- 
uals. They are permitted, then, to make such contracts as the law creating the 
office of School Trustee authorizes them to make, and none other. They can not, 



SCHOOL LAW OF INDIANA. 161 

therefore, contract with a teacher as they might with a farm hand. To contract 
with a teacher is an official act, and, therefore, such a contract is limited by the 
statute creating the oifice. They may contract with a farm hand as individuals, 
and in such a contract they a»i'e not limited by the same laws as when they contract 
as oncers. — Vories, Supt. 

10. Appeal. Upon appeal the case is tried de novo, upon its merits. 7 Ind. 
207 ; 12 Ind. 565 ; 33 Ind. 333. This applies to appeals to the County Superin- 
tendent as well as appeals to the Circuit Court. — Vo7'ies, Supt. 

11. Public officers — Whether liable in damages for jiistake. Pub- 
lic officers, to whom matters may be submitted for their determination, the con- 
sideration of which requires an exercise of their deliberative judgments, are not 
answerable in damages for mere errors of judgment, unaccompanied with malice 
or bad faith. 95 111. 263; 111 Ind. 472; 37 IS. E. Eep. 546. 

12. Failure to perform duty under contract. Under the common law 
the teacher would be subject to discharge if he failed to perform his duty in any 
material point. 50 Wis. 657. 

13. Amount of damac4es in case of wrongful discharge of teachek. 
When a teacher is discharged without cause, he may recover the amount of his 
wages according to his contract, unless he could have procured similar employ- 
ment, the burden of proving which is on the Board. 36 111. App. 133. See 
note 21. 

14. Unlicensed person may recover reasonable wages — Superin- 
tendent's DUTY. If a Trustee permits an unlicensed person to begin teaching, 
and pays such person out of the tuition revenue, the amount so paid may be re- 
covered by any person interested. County Commissioners should allow no credit 
for money so paid. But a person so permitted to teach may enforce the payment 
of reasonable compensation from the Trustee as an individual. 51 Ind. 206. It 
is the County Superintendent's duty to see tkat tuition revenue wrongfully paid out 
is recovered. — Vories, Supt. 

15. Contract must not conflict with law. A contract with a teacher 
must not conflict with the law in any particular. 29 Ind. 375; 40 Ind. 195; 48 
Ind. 541. See note 9. A teacher contracts with reference to the statute. 107 
Ind. 351. 

16. Witnesses to be sworn. I think our statute impliedly requires all 
witnesses to be sworn, or to make affirmation. See sec. 4539. — Vories, Supt. 

17. Rescinding contract. A contract with a teacher may be rescinded 
when he is charged with outrageous crimes, such, for instance, as being charged, 
in a divorce suit, with having committed various acts of adultery. 15 Mo. App. 
362. So, also, if the teacher is charged with assault with intent to commit rape. 
17 111. App. 347. This is justified on the ground that a teacher impliedly con- 
tracts to have a good moral character, and to exert the influence of such character 
upon the school. When the character is in such grave doubt the influence is bad, 
and the contract is, therefore, broken. — Vories, Supt. 

18. Void contract. Every contract relating to the employment of a 
teacher who does not hold a lawful certificate of qualification is void, by the ex- 
press terms of the statute. 44 N. W. Rep. 1,002. See notes 1 and 15. 

19. Period license must cover to make a valid contract. A license 
on which a valid contract may be made must not only be "in full force at the 



162 SCHOOL LAW OF INDIANA. 

date of employment," but it must extend over some portion of the school term for 
which the contract is made. — Varies, Supt. See note 1. 

20. Discharged without cause. A teacher engaged for a specific term, 
and discharged without cause, can recover compensation, the damages usually 
being the amount of the stipulated wages ; but this may be reduced by proof of 
ability to earn from other sources. 15 Colo. 367. See note 13. 

21. Epidemics — No deductions from teacher's salary for time lost 
BY REASON OF. Small-pox is not adv^ Dei in such a sense as to excuse a school 
district from liability on a contract with a teacher, the performance of which the 
district has prevented by closing the school. The act of God which will release 
one from the obligation of a contract is one which renders its performance im- 
possible. 

Continuing, the Court said : Beyond controversy the closing of the schools 
[on account of the prevalence of small-pox] was a wise and timely expedient ; 
but the defense interposed can not rest on that. It must appear that observance 
of the contract by the district was caused to be impossible by act of God. It is 
not enough that great difficulties were encountered, or that there existed urgent 
and satisfactory reasons for stopping the schools. But this is all the evidence 
tended to show. The contract between the parties was positive and for lawful ob- 
jects. On one side school buildings and pupils were to be provided, and on the 
other personal services as teacher. The plaintiff continued ready to perform, but 
the district refused to open its doors and allow the attendance of pupils, and it 
thereby prevented performance by the plaintiff. Admitting that the circumstances 
justified the officers, and yet there is no rule of justice which will entitle the dis- 
trict to visit its own misfortune upon the plaintiff. He was not at fault. He had 
no agency in bringing about the state of things which rendered it eminently pru- 
dent to dismiss the schools. It was the misfortune of the district, and the district, 
and not the plaintiff, ought to bear it. 43 Mich. 480. So also of diphtheria, 17 
Oregon, 517. — Varies, Supt. 

22. Neglect to send to school can not affect right to compensa- 
tion. The neglect of parents to send to school can not affect the right of the 
teacher to compensation. 36 111. App. 653. 

23. Contract with de facto board valid. A teacher under contract 
with a de facto trustee can recover pay for services. 35 Hun. (N. Y.) 111. 

24. Contract with de facto board binding unless fraud is proven. 
When trustees, with the acquiescence of the town, continue to act as such, after 
the expiration of their term and before their successors are appointed, they are 
officers de facto, and their contract with a teacher is binding. Such contract can 
not be assailed by their successors subsequently appointed, when it is not alleged 
and proven that the teacher was a party to the fraud to forestall them. 27 N. E. 
Eep. 303. 

24. Contract by de facto trustee can not be overthrown by de 
jure trustee. If a de facto trustee contracts with a teacher, the election of a de 
jure trustee, who ignores such contract, will not defeat for compensation for dis- 
charge by him. 15 N. Y. Supl. 818. 

25. Substitute teacher. When not waived, a teacher's contract can not 
be fulfilled by procuring a substitute, however competent. 88 111. 563. 



SCHOOL LAW OF INDIANA. 163 

26. Authority of two members of Board to act — Notice of meeting. 
Two of three members may contract at a meeting of which the third has had notice, 
and notice need not be given for regular meetings. 52 Ark. 511. 

27. Member op Board employed as teacher vacates his office. A 
Trustee employed as a teacher by two other members vacates his office as Trustee. 
Ferguson v. True, 3 Bush. (Ky.) 255. 

28. Individual responsibility. The members of a School Board may be 
held responsible for the dismissal of a teacher, if they act maliciously and without 
cause. 104 Ind. 548. 

29. May refuse to teach refractory pupil. A teacher refusing to teach 
refractory pupil was held not liable for damages. 24 Pick. (Mass.) 224. 

30. Teacher may make rules. In the absence of rules made by the Board 
or Township Trustee, the teacher may make all reasonable rules for the successful 
conduct of the school. 53 Conn. 481. 

31. Infant may contract to teach. An infant may contract with a School 
Board to teach. 38 Wis. 100; 50 Vt. 30. 

32. Illegal clause in contract. A contract by which the School Board 
declares, ' ' We reserve the right to close the school at any time if not satisfactory 
to us," is unauthorized and inoperative. 50 Wis. 651. 

33. Contract can not be affected by burning op school-house. Where 
a district school is broken up, because of the failure of the Trustee to furnish an- 
other room upon the destruction of the school-house by fire, the teacher may re- 
cover, under his contract, although he has kept and can furnish no record. 23 111, 
App. 367 ; 50 Vt. 30. 

For a Trustee or School Board to insert a clause in a contract declaring that, 
"In case the school-house shall be destroyed by fire the school shall be closed, and 
said teacher shall claim wages only for the actual time taught," is unauthorized 
and inoperative. Section 4444 says : "The Trustees shall take charge of the edu- 
cational affairs of their respective townships, towns and cities. They shall estab- 
lish and locate, conveniently, a sufficient number of schools for the education of 
the white children therein, and build, or otherwise provide suitable houses, furni- 
ture, apparatus, and other articles and educational appliances necessary for the 
thorough and efficient management of said schools." This statute makes this duty 
peremptory. It can not be put off by any pretended contract. It may be argued 
that the Trustee has no funds with which to build, but section 4438a provides for 
such emergency. And, too, a room could, in most cases, be rented. — Fortes, Supt. 

34. Strictness of court trial not required. The delicate nature of the 
duty devolved upon the Trustees, to see that unfit or incompetent persons are not 
put or kept in charge of the children who attend the common schools, forbids the 
idea of a trial with the formality and strictness that belongs to courts. 3 Hun- 
(N. Y.) 181. But this does not relieve the Trustee of responsibility, if he acts 
with malice or in bad faith. — Varies, Supt. 

35. De facto and de jure officers acting — Effect op contract. De 
jure officers, who contract with and render services for a de facto School Board, 
which is not de jure, while the de jure officers are acting as such and performing 
their duties, can not recover from the corporation for such services. 8 Atl. Eep. 
443. But when de facto officers act in good faith the corporation is bound thereby.. 
10 Atl. Eep. 754. 



164 SCHOOL LAAV OF INDIANA. 

36. Empi^oybient OF Teacher. A finding that the plaintiff was employed 
■as a teacher by K., who was at the time Trustee of the township, sufficiently shows 
that the employment was by the School Trustee, the Township Trustee being ex 
■officio School Trustee. 119 Ind. 320 ; 37 N. E? Kep. 604. But this would not be 
so of incorporated towns, as they have a Board of Civil Trustees and a Board of 
School Trustees. 

37. Abolishing department does not affect contract. A teacher is not 
discharged by abolishing the department in which he is engaged^ or removing him 
to another and lower grade. 27 N. E.- Eep. 303 ; 37 N. E. Eep. 604. 

38. Public policy — Holidays — Illegal deductions. In regard to de- 
ductions for holidays, we are of opinion that school management should always 
conform to those decent usages which recognize the propriety of omitting to hold 
public exercises on recognized holidays ; and that it is not lawful to impose for- 
feiture or deductions for such proper suspension of labor. Schools should con- 
form to what may fairly be expected of all institutions in civilized communities. 
All contracts for teaching during periods mentioned must be construed, of neces- 
sity, as subject to such days of vacation, and public policy, as well as usage, re- 
quires that there should be no penalty laid upon such observances. School Dis- 
trict V. Gage, 39 Mich. 484. And when deductions for holidays was again 
attempted, this opinion is affirmed in Holloway v. School District, 62 Mich. 153, 
and in closing the Court said: "We can not but regret that any of our schools 
^should be managed in the spirit shown on this record." A trustee has no author- 
ity to put a clause in a contract that "No wages shall be claimed for holidays un- 
less actually taught." Such a contract is contrary to public policy and inoperative. 

Moreover, to put such a clause in' the contract is not only a violation of the 
intendment of the law, but the result is greatly to disorganize and to break into 
the regular gradation of the school. People in all other callings recognize the 
legal holidays, and pupils can not reasonably be expected to be at school on such 
•days. Hence, if teachers are forced to teach on such days or lose wages, the re- 
sult is that many pupils are absent, and the systematic gradation and organization 
of the school interrupted and the best interests of the schi.)ol defeated. 

Such a clause is contrary to the spirit of our public schools and vicious in the 
•extreme. — Varies, Supt. 

39. Trustees act in an official capacity, not as individuals-. ' ' The 
School District Board, in making a contract with a teacher, acts officially and on 
behalf of the district; their powers as a district board are limited by statute, and 
they can only exercise such as are expressly conferred by statute, or as are fairly im- 
plied from the nature of the duties and services required by law from them. A clause 
in a contract of hiring between a School District Board and the teacher of the dis- 
trict school, by which the Board declares that " We reserve the right to close the 
.school at any time if not satisfactory to us, " is unauthorized by law and inopera- 
tive. Tripp V. School District, 50 Wis. 651. 

The same doctrine is held in Owen School Township v. Hay, 107 Ind. 851. — 
Varies, Supt. 

40. Garnishment of Wages. It is against public policy to allow the wages 
•of persons in public employments to be reached by garnishment. School Dist. v. 
'Gage, 39 Mich. 484. 



SCHOOL LAW OF INDIANA. 165' 

41. Cake of school house — Building fires — Janitob's duty. It is the ' 
duty of every School Director to put his school house in a suitable condition for 
the reception of pupils, and this is as much his duty at the middle of the term, or 
the last day, as the first. A school house is not fit to receive the pupils until the 
janitor's work has been done each day. It is as essential that he should put the 
school house in a clean and comfortable condition as it is that he should repair 
the roof. It being his duty, by consent of the Trustee, and not being any part of 
the teacher's duty, to prepare the school house in a suitable manner for the recep- 
tion of the pupils, he has a right to employ the usual agency and pay a sufficient 
sum to accomplish it. The trustee is, therefore, empowered to allow a reasonable 
amount for such expense in providing a janitor for the school house, and the 
Board of County Commissioners can not do otherwise than allow all reasonable 
bills of the same kind. — Baldwin, Atty. -Gen. 

42. Cash advanced to teachers. — A Township Trustee who, in good faith,, 
employs necessary and proper teachers, and when it is unexpectedly found that 
the public funds provided are insufficient to pay them in full, advances the deficit 
out of his own money, has a demand against the school township which he may 
recover. 102 Ind. 279. 

43. See sections 4425, 4439, 4444, 4499, 4501a, 4503, 4504, 4505, 4506 and notes. 

44. Injunction to restrain execution of contract. A Board of School 
Trustees can not be enjoined from violating its contract with a person for his per- 
sonal services as teacher. Schwier v. Zetike, 136 Ind. 210. 

45. Slander — Charge that teacher is cruel.— A County Superintend- 
ent and a Township Trustee are not liable for falsely charging a teacher witk 
cruelty, incompetency and neglect in the exercise of his duties, if they act in good 
faith. Branaman v. Hinkle, 37 N. E. Rep. 546. 

[1893, p. 34. Approved and in force February 17, 1893.] 

4501a. After the passage of this act, it shall be unlawful for any Township 
Trustee to contract with any teacher to teach in any common school, if the actual- 
term of service of such teacher under such contract does not begin before the ex- 
piration of the term of office of such Trustee. Every contract made in violationt 
of the provisions of this section stfall, as to the township represented by such 
Trustee, and the school fund thereunto belonging, be absolutely void ; but such 
Trustee shall be personally liable to such teacher for all services rendered under 
such contract, and for all damages which he may sustain by reason thereof. 

1. Contract of predecessor. A School Trustee can not ignore his prede- 
cessor's contract because of mere formal and technical errors. Sparta School Tp» 
V. Mendell, 37 K E. Eep. 604. 

[1865, S., p. 143. Approved and in force December 20, 1865.J 

4502. Special examination. If the persons attached to and forming a 
school district have, at their school meeting, designated other or a less number of 
branches of learning than those in section thirty-four of this act (§4425) men- 
tioned, Avhich they desire to have taught in their school, the Trustee, in employ- 
ing a teacher for said school, shall require said teacher to be examined as to his 
qualifications to teach the branches of learning required by said school meeting. 
(35) 

1. See section 4497 and notes, and section 4425, note 7. 



166 SCHOOL LAW OF INDIANA. 

' [1865, p. 3. Approved and in force March 6, 1865.] 

4503. Director's duties. The Director of each school shall pre- 
side at all meetings of the inhabitants connected therewith, and record 
their proceedings. He shall also act as the organ of communication be- 
tween the inhabitants and the Township Trustee. (29) 

1. Remark. The creation of the office of District Director was designed to 
devolve a certain class of the Township Trustee's duties, which might very properly 
and with more promptness be discharged by a local agent in each district, upon a 
person chosen by the people of the locality immediately interested. Much will 
depend on the energy, intelligence and promptness of the Director. — Mills, Supt. 

4504. He has charge of the school-house. He shall take charge 
of the school-house and property belonging thereto, under the general 
order and concurrence of the Trustee, and preserve the same ; and shaU 
make all temporary repairs of the school-house, furniture and fixtures, 
and provide the necessary fuel for the school, reporting the cost thereof 
to the Trustee for payment. (30) 

1. Possession of house. We think the Trustee has charge and possession 
of the school-house, for although the Director has the charge for certain purposes, 
he acts under the order and concurrence of the Trustees. — Hurd v. Walters, 47 
Ind. 148. 

2. Temporary repairs — Fuel. The Director is the local agent of the 
Trustee, and is subject to his orders. He, however, is to exercise entire control so 
far as temporary repairs are concerned, and is to provide necessary fuel. Let us 
explain what is meant by necessary fuel. It refers not simply to quantity, but also 
to the quality of fuel and its preparation for use. A tree hauled up to the door is 
not necessary fuel, nor is a load of good four-foot wood. Necessary fuel means that 
which is dry, conveniently piled and properly prepared for use. The expense of 
preparing the fuel is to be reported by the Director to the Trustee, who is to pa;f 
the former for it. A teacher is not a wood-hauler, wood-chopper, or wood-sawyer, 
unless he specially contracts to be such. — Fletcher, Supt. 

3. Janitor service. It is as much the duty of the Trustee to see that the 
fuel is placed in the stove and the school-room made comfortable and neat, as it is 
to furnish the fuel and brooms for these purposes, or to see that the children are 
well taught and disciplined when once in the room. How and through whom he 
shall accomplish these things is just where the law is wisely silent. I can conceive 
of various ways in which he may accomplish them. He may authorize the Director, 
who is generally chosen because of his proximity to the school-house, to perform 
the work, and then pay him out of the special school tax ; or he may authorize 
him to employ some suitable person, and compensate the employe in the same 
manner ; or he may employ the teacher himself, and pay him from the same 
source. — Hopkins, Supt. 

Unless there is an agreement between the Trustee and teacher that the latter 
is to perform janitor's service, I think he can not be compelled to do so. — Smart, 
Supt. 

It is the duty of every School Director to put his school-house in a suitable 
condition for the reception of pupils, and this is as much his duty at the middle 



SCHOOL LAW OF INDIANA. 167 

of the term, or the last day, as the first day. A school-house is not fit to receive 
the pupils until the janitor work has been done each day. It is as essential that 
he should put the school house in a clean and comfortable condition as it is that 
he should repair the roof. It being his duty, by consent of the Trustee, and not 
being any part of the teacher's duty, to prepare the school-house in a suitable 
manner for the reception of the pupils, he has a right to employ the usual agency 
and pay a sufficient sum to accomplish it. The Trustee is therefore empowered to 
allow a reasonable amount for such expense in providing a janitor for the school 
house, and the Board of County Commissioners can not do otherwise than allow 
all reasonable bills of the same kind. — Baldivin, Atty.-Gen. 

The janitor may be paid out of the special school fund. — LaFollette, Supt. 

4505. Tisits school — May exclude pupils. He shall visit and 
inspect the school, from time to time, and, when necessary, may exclude 
any refractory pupil therefrom ; but the exclusion of any pupil from the 
school for disorderly conduct shall not extend beyond the current term, 
and may be, in the discretion of the Director, for a shorter period. (31) 

1. Refractory pupil. Directors have the power to exclude refractory pupils 
from school for the current term, and School Trustees of cities and towns have 
undoubtedly the same right. A refractory pupil is one who i^ersistently refuses to 
obey the resonable rules and regulations of the school, whether made by the 
teacher or the County Board. The teacher may temporarily exclude from school 
a disorderly and noisy pupil. In such case the matter should be reported to the 
Director as soon as possible.— ASWar^, Supt. 

2. Exclusion for truancy. The law provides that refractory pupils may 
be excluded from school. Truancy is a very great evil, tending in various ways 
to disturb the order and interrupt the progress of the whole school. A very high 
authority has declared it the greatest hindrance to the improvement of our schools, 
and the laws of some States have made it in some sense penal. Considering the 
magnitude of the evil, it seems scarcely to admit of question that pupils hibitually 
incorrigibly truant may be excluded from school for the current term as refrac- 
tory. — Hobbs, Supl. 

3. Teacher's power as to discipline. The law is well settled, as it seems 
to us, that the teacher has the right to exact from his pupils obedience to his lawful 
and reasonable commands, and to punish disobedience. In a recent Wisconsin 
case it was well said: "In the schools, as in the family, there exists on the part 
of the pupils the obligations of obedience to lawful commands, subordination, 
civil deportment, respect for the rights of other pupils, and fidelity to duty. These 
obligations are inherent in any proper school system, and constitute, so to speak, 
the common law of the school. Every pupil is presumed to know this law, and is 
subject to it, whether it has or has not been reenacted by the District Board in the 
form of written rules and regulations." Danenhoffer v. State, 69 Ind. 295. 

4. Teacher's authority out or school. On this difficult subject we are 
without guidance from our own Supreme Court, but find sound principles enunci- 
ated in the familiar case of Lander v. Seaver, 32 Vt. 114, as follows : " When the 
child has returned home or to his parents' control, then the parents' authority is 

^Tesumed and the control of the teacher ceases, and then for all ordinary acts of 



168 SCHOOL LAW OF INDIANA. 

misbehavior the parent alone has the power to punish." But "though a school- 
master has, in general, no right to punish a pupil for misconduct committed after 
the dismissal of school, and the return of the pupil to his home, yet he may, on the 
pupil's return to school, punish him for any misbehavior, though committed 
out of school, which has a direct md immediate tendency to injure the 
school and to subvert the master's authority," s when the pupil, "in the presence 
of other pupils of the same school used toward the master, in his hearing, con- 
temptuous language, with a design to insult him, and which had a direct and im- 
mediate tendency to bring the authority of the master over his pupils' into contempt, . 
and lessen his hold upon them and his control over the school." Teachers, there- 
fore, should be very careful how they punish pupils for what they may do or say 
away from the school premises, and should never undertake to punish for such 
behavior unless it seems necessary for the preservation of discipline in the school. 
The teacher can not justly be held responsible for the conduct of pupils when out 
of his sight or beyond his control, and he should give parents and guardians to 
understand that he will not attempt to exercise a control which it is their duty to 
exercise themselves. — Holcombe, Supt. See also 23 Texas App. 386. 

5. Teacher may make etjles. In the absence of rules established by the 
Board or other proper authority, the teacher has a right to make all necessary and 
proper rules for the regulation of the school. In inflicting corporal punishment 
the teacher must be governed, as to mode and severity of it, by the nature of the 
oflense, and by the age, size and physical condition of the pupil. 

When a boy has been habitually refractory and disobedient, the teacher, in 
punishing him for a particular offense, may take into consideration his habitual 
disobedience. And it is not necessary that he should inform the pupil at the time 
that he is punishing him for his past as well as present misconduct. 53 Conn. 481. 

6. Teacher and ptjpil — Eules for government of school — Unreason- 
able RULE. — A rvile established by the teacher of a public school, requiring 
pupils to pay for the wanton and careless destruction of school property, is un- 
reasonable, and a teacher has no right to enforce such a rule by chastisement. 

Carelessness on the part of children is one of the most common and yet one 
of the least blameworthy of their faults. In simple carelessness there is no purpose 
to do wrong. To punish a child for carelessness in any case, is to punish it where 
it has no purpose or intent to do wrong or violate rules. But beyond this no rule 
is reasonable which requires of the pupils what they can not do. The vast majority 
of pupils, whether small or large, have no money at their command jvith which to 
pay for school property which they injure or destroy by carelessness or otherwise. 
If required to pay for such property they would have to look to their parents or 
guardians for the money. If the parent or guardian should not have the money, 
or if they should refuse to give it to the child, the child would be left subject to 
punishment for not having done what it had no power to do. State v. Vanderbilt, 
116 Ind. 11 ; S. C. 18, N. E. Rep. 266. 

7. Willful or malicious act necessary to warrant suspension. A 
pupil can not be expelled or suspended from the public schools for a careless act, 
no matter how negligent, if it is not willful or malicious. 77 Mich. 605. 

8. Right to punish — Liability of teacher. By law, as well as by imme- 
morial usuage, a schoolmaster is regarded as standing in loco parentis, and has the 
right to administer, in case of misconduct, reasonable and proper punishment ta 



SCHOOL LAAY OF INDIANA. 169 

a pupil, having regard to the character of the offense, the sex, age, size and phys- 
ical strength of the offender; and while he necessarily has a discretion, determined 
by the facts of the particular case, both as to the character and the degree of the 
punishment, he is liable criminaliter for any abuse of his authority, if prompted by 
malice, or other improper motive, if unreasonably severe, if inflicted with an im- 
proper instrumenj;, or if resulting in permanent injury to the pupil. 88 Ala. 169. 

9. Suspension — Uneeasonabi.e eule. A regulation that each scholar, 
■when returning to school after recess, shall bring into the school-room a stick of 
wood for the fire, is not "needful" for the government, good order and efficiency 
of the schools, and a scholar can not be suspended for a refusal to comply with 
such regulation. State v. Bd. Ed., C3 Wis. 234. 

10. Parent must sign monthly report — Pupil must return it. A 
rule which makes it the duty of the teacher to keep a record of the standing of 
-each pupil in the stxidies pursued by him, of his attendance and deportment, to 
send each month by the pupil a written report of the same to his parent or guar- 
'dian, and which requires such parent or guardian to sign and return the same to 
the teacher, is a reasonable one, and a pupil may be suspended until such time as 
>he may comply with such rule. Board of School Trustees v. State (Neb.), 52 N. 
W. Eep. 710. 

11. Common law or the school — Teacher's authority. While the 
principal or teacher in charge of a public school is subordinate to the School 
Board or Board of Education of his district or city, and must enforce regulations 
adopted by it for the government of the school, and execute its lawful orders in 
that behalf, yet, in matters concerning which the Board has remained silent, he 
has authority, as in loco •parentis, to enforce obedience to his lawful commands, 
subordination, civil deportment, respect for the rights of other pupils, and all ob- 
ligations inherent in every school system and constituting the common law of the 
school, which every pupil is presumed to know. Burpee v. Burton, 45 Wis. 150. 

12. Corporal punishment. A teacher may punish a pupil with kindness, 
prudence and propriety, for disobedience of his proper commands ; and when the 
punishment is reasonable, he can not be prosecuted for assault and battery. 
'Cooper i'. McJunkin, 4 Ind. 290; Danenhoffer u. State, 69 id. 295. 

The teacher may exact compliance with all reasonable commands, and enforce 
obedience by inflicting corporal jiunishment, in a kind and reasonable manner, 
upon a pupil for disobedience. Such punishment must be within the bounds of 
moderation, and apportioned to the gravity of the offense ; but when complaint is 
made, the judgment of the teacher as to what the situation required should have 
•weight, as in the case of a parent under similar circumstances, and the reason- 
ableness of the punishment must be determined upon the facts of the particular 
case. The presumption is that the teacher did nothing more than his duty. The 
legitimate object of chastisement is to inflict punishment by the pain which it 
causes, as well as by the degradation it implies; and it does not follow that chas- 
tisement was cruel or excessive because pain was produced, or abrasions of the 
skin resulted from a switch used by the teacher. When a projaer weapon has been 
used, the character of the chastisement with reference to any alleged- cruelty or 
excess, must be determined by the nature of the offense, the age, physical and 
mental condition, as well as the personal attributes, of the pupil, and the deport- 
ment of the teacher. Vanvactor v. State, 113 Ind. 276 ; Danenhoffer v. State, 79 
Ind. 75. 



170 SCHOOL LAW OF INDIANA. 

13. Teacher not liable foe, eeeor of judgment if he acts in gooit 
FAITH. A. teacher is not liable for error of judgment as to when and to what ex- 
tent punishment is necessary, if he acts in good faith and without malice. 9 Atl. 
Kep. 722. 

14. After graduation. When a pupil has graduated from one depart- 
ment, his re-admission into that department can not be compelled. 4 N. Y. 
Supl. 102. 

15. Pupils may be suspended for tardiness. Pupils may be suspended 
for tardiness. 31 Iowa, 562 ; 116 Mass. 366 ; 71 Mo. 628. 

16. Eules must be reasonable under the circumstances. Ill Ind. 472. 

17. Liability of school officers. The School Board is not liable for ex- 
pulsion unless the action is wanton or malicious. 95 111. 263. 

18. Imbioral or licentious pupils. Eegulations forbidding the attend- 
ance of immoral or licentious persons can be enforced, even though the conduct 
may be proper while at school. 8 Cush. 160. 

19. Suspension for refusing to declaim. A pupil may be suspended for 
refusing to declaim. 59 N. H. 473. 

20. Barring doors. Barring the doors against little children in winter is 
unlawful — 63 111. 350 — unless pupils are provided with comfort. Ill Ind. 472. 

21. Pupils must submit to reasonable rules. A student must submit 
to any proper rule necessary for the good government of the school. 82 Ind. 286. 

22. Failure to use text-books. Pupils may be suspended for failure to 
use text-books. 12 Allen (Mass.) 127; 95 111. 266 ; 38 Me. 379 ; 59 N. H. 473 ; 32 
Vt. 226; 29 Ohio St. 89; 108 Ind. 31. 

23. Habitual absence. A pupil may be suspended for habitual absence. 
48 Vt. 444; 71 Mo. 628; 13 Brad. (111.) 520. 

24. Misconduct. A pupil may be suspended for misconduct. 27 Me. 266 ; 
111 Mass. 499; 105 Mass. 476; 27 Vt. 755. 

25. Corporal punishment discouraged. Corporal punishment may some- 
times be necessary, but it seems to me that the language of Judge Stuart, in 
Cooper V. McJunkin, 4 Ind. 290, in 1853, is still very appropriate. The Court 
says : "The law still tolerates corporal punishment. The authorities are all that 
way, and the Legislature has not thought proper to interfere. The public seem to 
cling to a despotism in the government of schools which has been discarded every- 
where else. Whether such training be congenial to our institutions, and favor- 
able to the full development of the future man, is worthy of serious consideration, 
though not for us to discuss. 

" In one respect the tendency of the rod is so evidently evil that it might, 
perhaps, be arrested on the ground of public policy. The practice has an inher- 
ent proneness to abuse. The very act of whipping engenders passion, and very 
generally leads to excess. Where one or two stripes only were at first intended, 
several usually follow, each increasing in vigor as the act of striking inflames the 
passions. This is a matter of daily observation and experience. Hence, the 
spirit of the law is, and the leaning of the courts should be, to discountenance a 
practice which tends to excite human passion to heated and excessive action, end- 
ing in abuse and breaches of the peace. Such a system of petty tyranny can not 
be watched too cautiously nor guarded too strictly. The tender age of the suffer- 
ers forbids that its slightest abuse should be tolerated. So long as the power to- 



SCHOOL LAW OF INDIANA. 171 

punish corporally in school exists, it needs to be put under wholesoroe restric- 
tion. Teachers should, therefore, understand that whenever correction is admin- 
istered in anger or insolence, or in any other manner than in moderation and 
kindness, accompanied with that affectionate moral suasion so eminently due from 
one placed by the law in loco parentis — the sacred relation of parent — the courts must 
consider them guilty of assault and battery, the more aggravated and wanton in 
proportion to the tender years and dependent position of the pupil. 

"Were it within the province of these discussions, how many other objec- 
tions to the rod, based upon its injurious moral influence on both teacher and 
pupil, might be safely assumed? 

"One thing seems obvious. The very act of resorting to the rod demonstrates 
the incapacity of the teacher for one of the most important parts of his vocation, 
namely,' school government. For such "a teacher the nurseries of the republic are 
not the proper element; They are above him. His true position will readily sug- 
gest itself. 

"It can hardly be doubted but that public opinion will, in time, strike the 
ferrule from the hands of the t acher, leaving him as the true basis of government 
only the resources of his intellect and heart. Such is the only policy worthy of 
the State, and of her otherwise enlightened and liberal institutions. It is the 
policy of progress. The husband can no longer moderatel}'' chastise his wife; nor. 
according to the more recent authorities, the master his servant or apprentice. 
Even the degrading cruelties of the naval service have been arrested. Why the 
person of the school-boy, 'with his shining morning face,' should be less sacred in 
the eye of the law than that of the apprentice or sailor, is not easily explained. 
It is regretted that such are the authorities — still courts are bound by them. All 
that can be done, without the aid of legislation, is to hold every case strictly within 
the rule ; and if the correction be in anger, or in any other respect immoderately 
or improperly administered, to hold the unworthy perpetrator guilty of assault 
and battery." 

The above is commended to the careful consideration of teachers given to 
inflict corporal punishment. — Vories, Supt. 

26. Teacher may suspend a pupil even though an officer opposes the 
TEACHER. It is the duty of a teacher to maintain proper and necessary discipline 
in schoo' ; and if the prudential committee (School Board or School Trustee) insist 
upon the return of such scholar to the school, when his presence would be fatal tO' 
the maintenance of such discipline, the teacher may lawfully quit the school and 
recover wages for the term. 46 Vt. 452. This is sound law. The teacher stands 
ready to perform his part of the contract, but the Board, by its insistence upon 
the return of the disturber, prevents the teacher from carrying out his contract, 
lienee the wages are recoverable. — Vories, Supt. 

27. Immorat.ity. A pupil may be expelled for immorality. 8 Cush, 
(Masr.; 163. 



13 — ScHOC'L Law. 



172 SQHOOL LAW OF INDIANA. 

28. Courts avill not inteefeue. Unless abuse of official power be clearly 
-sbown, the courts will not interfere. 37 Pa. St. 385. 

29. Damages. Public officers to whom matters may be submitted for their 
determination, the consideration of which requires an exercise of their delib- 
erative judgments, are not answerable in damages for mere errors of judgment, 
unaccompanied with malice or bad faith. 95 111. 263; 111 Ind. 472. 

30. Over school age. A pupil over school age is subject to punishment as 
any other pupil. 45 Iowa, 248 ; 27 Me. 266. 

31. Objects and purposes. The legal objects and purposes of punishment 
in school are like the objects and purposes* of the State in punishing a citizen. 
They are threefold : First, the reformation and the highest good of the pupil ; 
■second, the enforcement of correct discipline in schools ; and third, as an example 
to like evil doers. 50 Iowa, 145. 

32. Mandamus. Mandamus lies to compel the restoration of a pupil ille- 
gally suspended or exi^elled, 77 Mich. 605; 82 Ind. 279. 

33. Not contempt op court. A boy was suspended for violation of a rule 
and readmitted by order of the court. He was suspended a second time for vio- 
lation of the same rule, and it was held that the second suspension was not a con- 
tempt of court. 127 Ind. 272 ; S. C. 26, N. E. Eep. 798. 

34. See sections 4436, 4439, 4444 and notes. 



4506. Appeal to Trustee. The decision of a Director in exclud- 
ing a pupil sliall be subject to appeal to the Township Trustee, whose 
decision shall be final. (32) 

1, Note. The parent or guardian, or the pupil himself, may appeal. No 
formal documents are necessary, aiad the Trustee has the right to make an investi- 
gation upon a verbal statement. But he should make a record of the facts in the 
case and of his decision thereon. — Smart, Supt. 



4501. Insillting teacher. If any parent, guardian, or other per- 
son, from any cause, fancied or real, visit a school with the avowed in- 
tention of upbraiding or insulting the teacher in the j)resence of the 
school, and shall so upbraid or insult the teacher, such person, for such 
conduct, shall be liable to a fine of not more than twenty-five dollars, 
which, when collected, shall go into the general tuition revenue. (162) 



SCHOOL LAW OF INDIANA. 17S 

1. Part unconstitutional. The provision that the proceeds of the fine 
shall go into the general tuition revenue is void, since the Constitution (viii, 2) 
makes fines assessed for breaches of penal laws of the State a part of the common 
school fund. 

2. Assault on teacher. A Township Trustee and the School Director,, 
upon the refusal of a duly employed teacher to allow a vacation of the school for 
a time, which they and certain patrons of the school had demanded, entered the 
school-house, of which the teacher was in rightful, peaceable possession, seized 
him and pulled, dragged and threw him out of the building, and infiicting serious 
injuries upon him; they were held guilty of a wrongful assault and battery, and 
liable for the damage he sustained. White v. Kellogg, 119 Ind. 320. 

3. Private school. A party can be punished for disturbing a private school 
in a public school-house. 35 Me. 195 ; 26 Conn. 607. 



4508. Title of school property. The title to all lands acquired 
for school purposes shall be conveyed to the township, incorporated 
town, or city for which it is acquired, in the corporate name of such 
township, town or city, which is used for school purposes, for the use of 
common schools therein. In all cases in which the title to any such land 
is vested in any other person or corporation than as above provided, it 
shall be the duty of the Trustee, for school purposes of the township, 
town, or city, to procure the title to be vested as in this section prO" 
vided. (157) 

1. Trust title — Change of trustee . The corporation (township, town, 
or city) holds the title in trust for school purposes, and upon the incorporation of 
a town, it becomes, the Trustee, and entitled to such real estate as lies within its 
boundaries -Carson v. State, 27 Ind. 465 ; Leesburg v. Plain Township, 86 id. 582 
— and can compel the Trustee of che township to convey the school-house and lot 
to it. School Township of Allen ('.School Town of Macy, 109 Ind. 559. A town 
organized as a school corporation is the proper plaintiff in an action to recover 
land previously deeded for school purposes to the school township in which it is 
situated. Newpoint Ledger v. School Town of Newpoint, 37 N. E. Eep. 650. 

2. Formation of town — Eevenue. If a town is formed out of a portion 
of a township, the School Trustees of the town are entitled to demand and receive 
of the Township Trustee the proportion of school moneys belonging to the town, 
and it is the duty of the Township Trustee to ascertain the amount and pay it 
over to the Town School Board. Johnson v. Smith, 64 Ind. 275. 

So when a new township is created by a division of the territory of an existing 
township, the former is entitled to an equitable division of the school fund be- 
longing, or to be apportioned, to the township as originally constituted ; and il 



174 SCHOOL LAW OF INDIANA. 

there be no debt to be provided for, the new township should receive its propor- 
tionate share of the special school revenue and tuition fund, which should be ap- 
portioned upon the basis of the enumeration of school children residing in the 
.territory constituting such new township. Towle v. Brown, 110 Ind. 65, 599. 

3. School board — Township trustee. Under the law it is clearly the 
duty of the Trustees of an incorporated town to appoint School Trustees for the 
corporation, and I think they can be compelled to do so by a writ of mandate from 
the Circuit Court. In case the Township Trustee continues to control and manage 
the schools of an incorporated town (no town School Trustees having been ap- 
pointed), I think that, under the general principle that an officer shall continue 
to perform his duties till his successor is appointed and qualified, he would be lia- 
ble on contracts made by him in exercising such control and management. — Hol- 
.combe, Sapt. 

4. Corporate limits — Conditional deed. A school corporation can not 
■establish a school outside of its territorial limits. State v. Shields, 56 Ind. 521. 

You say that a lot was deeded to a township "for school purposes," and ask 
if the house built thereon will revert to the original owner if the Trustee decides 
to change the location of the school house. If the above quotation is all that is 
expressed in the deed upon that subject, then I think the property will not revert 
to the original owner. If the deed should say " so long as used for school pur- 
poses," then I suppose it might revert to the original ower. — Woolle7i, Atty.-O&n. 
37 N. E. Rep. 650. 

5. HiGHVi^AYS. Real estate and buildings held by a school township for 
school purposes are subject to appropriation for highways, as other private prop- 
erty. 88 Ind. 453. 



4509. Use of SCkool house. When a school house is unoccupied 
hj a common school of the State, and the people who form the school at 
Buch house desire that a private school be taught therein, and a majority 
of them make application to the Trustee having charge of such house 
for the use of it for such private school, it shall be the duty of the 
Trustee to permit said school house to be used for such private school by 
euch teacher as may be mentioned in the application, but not for a 
longer time than until said house may be wanted for a public school ; 
and such permission and use shall be upon the condition that the teacher 
employed in said school shall report, in writing, to the Trustee — 

First. The number of teachers employed, distinguishing between 
male and female. 

Second. The number of pupils admitted into the school within the 
term, and the average daily attendance. 



SCHOOL L.UV OP INDIAiS-A. 175 

» 

Third. The cost of tuition, per pupil per month, in said school. (158) 

1. Teacher's eeport — Care of house. It is not the intention of this sec- 
tion to deny the Trustee the right to permit tlie use of a scliool house for a private 
school in the absence of a petition, unless there shall be a protest of a majority of 
the district against such use. In order to secure proper qualification on the part 
of the teacher^ it is recommended that, other things equal, the house be let to a 
teacher holding a valid license. To secure the preservation of the house, it is 
recommended that some reliable party should be held responsible to the Trustee 
for the proper care of such property, and for repair of all damages. This party 
may be the teacher or some other, as may be agreed upon. It is hoped that Trus- 
tees will insist upon reports from teachers, as provided for in this section. — IIoss, 
Supi. 

2. Trustee's discretion. The people who form the school at such house 
must be construed to mean the persons entitled to vote at the school meetings. 
The Trustee has no discretion as to permitting the use of a school house for a pri- 
vate school when applied for as provided in this section. He must permit the use. 
The teacher occupying a school house, under such petition, thereby obligates him- 
self to comply with the conditions contained in the law as to reporting. — Hohhs, 
Supt. 

[1869, p. 181. Approved March 3, 1859, and in force August 6, 1859.] 

4510. Use of school-house. If a majority of the legal voters of 
any school district desire the use of the school-house of such district for 
other purposes than common schools, when unoccupied for common 
school purposes, the Trustee shall, upon such application, authorize the 
Director of such school district to permit the people of such district to 
use the house for any such purpose, giving- equal rights and privileges to 
all religious denominations and political parties, without any regard 
whatever to the numerical strength of any religious denomination or 
political party of such district. (6) 

1. Note. The Trustee, upon application of a majority of the legal voters of 
a school district, may authorize the Director to permit the use of the house for 
other than school purposes, and a complaint to enjoin such use must aver that a 
majority of the legal voters of the district have not expressed a desire therefor. 
Hurd V. Walters, 48 Ind. 148. 

2. Trustee's power and duty. The Trustee is made responsible for the 
care, management and preservation of the school-houses in his school corporation. 
This trust he can not alienate. It is true that it is his duty to permit the school- 
house to be used for other than school purposes when the terms of the law have 
been complied with, but it is equally true that it is contemplated by the law that 
the Trustee shall retain such control of the school-house as will enable him to 
enforce the provisions of the law. Inasmuch as the Trustee must give equal 



176 SCHOOL LAW OF 'INDIANA. 

♦ 
rights and privileges to all religious denominations and political parties, it is clear 
that he can not make a contract with any party by reason of which one denomina- 
tion or one political party shall obtain possession of the house to the exclusion of 
any other, except for the time being, or by which the control of the house shall' 
pass from his hands. 

It is not necessary that the voters of a district petition the Trustee on each 
separate occasion that the house is desired for other than school purposes, but if a 
general petition be filed with the trustee, in proper form, requesting, for example, 
that the house be used for religious purposes, he may then permit the house to be 
so used as occasions may require. In the absence of an expressed desire on the 
part of the voters of a district, it is held that the Trustee may, through the spirit 
of accommodation, rather than by a strict construction of the law, permit school- 
houses to be used for religious and other public meetings when he is satisfied that 
a majority of the district does not object. 

In all cases when school-houses are used for such purposes, it is the duty of 
the Trustee to prescribe and enforce such rules and regulations as will protect the 
property from injury. It is evident that the provisions of this section apply only 
to districts in .townships, and not to cities and incorporated towns. — Smart, Sv.pt. 

3. School-house — When rNoccupiEC. A think that a school-house may 
be construed as unoccupied whenever it is not being used for school purposes. 
A school-house is occupied, ina legal sense, during school hours, and, technically, 
unoccupied at any time after school hours. I think that school-houses may be 
used for any lawful purpose by the citizens of the district where it is located in 
the evenings and at any time when school is not actually in session; 

vSection 4510, R. tS. 1881, provides that upon the application of a majority of 
the voters of any school district, the Trustee shall direct the Director to open any 
school house for any of the purposes named in said section. ( Hurd v. Walters, 
48 Ind. 148). I think it is not unlawful, upon proper request of a majority of 
the voters of a district, to allow such secret organizations as the Farmers' Alliance 
or farmers' clubs, by whatever name, to use the school-houses for the purposes of 
their meetings. I regard such an organization, although secret in its meetings, as 
lawful, and, being of a political-educational character, I arn fully convinced that 
they are entitled to use the school-houses for the purposes of their meetings, as 
provided for in section 4.510. These societies throughout the school districts of 
the State are composed of the voters and patrons of such school districts. They" 
are the people who have built the school houses, and who are taxed to maintain 
them, and it seems to jne that there is no reason, either in law or morals, to ex- 
clude them from the use of such school-houses. To exclude farmers' societies 
from the use of school-houses during the school period, at times when school is 
not in actual session, would be like excluding people from peaceable use and en- 
joyment of their own property. If the farming community are excluded from 
the use of the country school-houses, in a great majority of cases they would have- 
no place to meet. While I think they have this right, the Directors should see 
that those who use the school houses for such purposes should keep them in appro- 
priate condition to be used for school purposes. And so long as they do this there 
can be but little objection, it seems to me, on the part of any one, to the use of 
school-houses for such purposes. — A. G. Smii-h, Atty-Gen. 

4. Conflicting decisions as to use of public property. The use of a 
public school-house for any private purpose, such as the holding of religious or 



SCHOOL LAW OF INDIANA. 177 

j)olitical meetings, social gatherings, and the like, is unauthorized by law, and 
may be restrained, at the instance of any party injured thereby; and this, though 
a majority of the electors and tax-payers of the district assent to such use and an 
adequate rent is paid therefor. 15 Kan. 259. 

The temporary use of the school-house for religious worship is not forbidden 
by the Constituticyi. 93 111. 61. 

The electors may authorize the use of a school-house for religious purposes. 
50 Iowa 11 ; 35 Iowa 194. 

A public school-house can not be leased for use of a private or select school, 
and such use may be restrained by any resident tax-payer. 35 Ohio St. 143. 

The electors can not authorize the use of a district school building for tem- 
perance meetings, nor for any other than school purposes. 21 Wis. 665. 

The Board of Directors can not authorize the use of a school-house for the 
purpose of a Sunday-school. 67 Mo. 301. 

The inhabitants of a school district have no right to use the school-house for 
religious meetings and Sunday-schools, against the objection of any tax-payer of 
the district, even though the district may have voted to allow such use. 27 Conn. 
499. 



[1865, p. 3. Approved and in force Marcli 6, 1865.] 

4511. School-house, when sold. The proper Trustee may, when- 
-ever a school-house shall have been removed to a different location, or a 
new one erected for the school in a different place, if the land whereon 
the same is situated belongs unconditionally to the township, town or 
city, sell the same, when, in his opinion, it is advantageous to the town- 
ship, town or city, so to do, for the highest price that can be obtained 
therefor ; and wpon the payment of the purchase-money to the township, 
town or city Treasurer, he shall execute to the purchaser a deed of con- 
veyance, which shall be sufficient to vest in such purchaser all the 
title of such township, town or city thereto. The money derived from 
such sale shall be a part of the special school revenue. (149) 

1. Conveyances. A deed to the school township for the use of the township 
for school purposes is an absolute and not a conditional conveyance; and the 
township may sell the property so deeded. The deed of the township should be 
made in the name of the Trustee of the school township, and signed by him as 
such School Trustee. School Boards of cities and towns may sell and convey a 
;School lot upon the conditions named in this section. ?§4437, 4438, 4508, note 4. 

2. In the administration of the law set out in section 4511, three cases arise: 
First. When the school-house is within the limits of the township, the Town- 
ship Trustee controls and sells it. 

Second. When the school-house is situated within territory which is after- 
ward incorporated into a town, then the title vests in the town, and the property 
is controlled by the School Trustees of the town. See 27 Ind. 465; 109 Ind. 559; 
.86 Ind. 582. 



178 ■ SCHOOL LAW OF INDIANA. 

Third. When the school-house is located on territory which is taken into a- 
city by addition, then the Township Trustee controls, and sells, and credits the 
special school fund with amount of sale. See 37 Ind. 415; 60 Ind. 473. 

But see recent act, section 4511a. 

[1893, p. 194. Approved and in force March 3, 1893.] 

45 i I a. Whenever there has been, or may hereafter be, by proper pro- 
ceedings, any territory annexed to any city or incorporated town of this- 
State, which territory included within such boundary as annexed any 
real estate which, prior to such annexation, was the property of the 
school township adjoining such town or city, and used for school pur- 
poses by such school township, such real estate shall, by virtue of such 
annexation, at once become in fee simple the property of the school cor- 
poration of such town or city within the corporate boundaries of which 
it is found after such annexation of territory, and it is hereby made the 
duty of the Township Trustee to at once execute and deliver to the school 
corporation of such town or city a deed conveying such title as his school 
township has for all school property which has passed, by such proceed- 
ings, from the territorial jurisdiction of the township to that of a town 
or city. (1) 

1. Where thei-e is no express provision to the contrary, each district will 
remain liable for its debts and retain its property, and there will be no merger of 
districts until such debts are paid and the affairs of each settled. 2 Atl. Rep. 198: 
64 N. H. 84; 1 S. W. Rep. 363; 63 Mich. 51; 40 Minn. 13; 61 Mo. 176; 96 Pa.' 
St. 76; 4 Pa. St. 35; 133 111. 122; S. C. 24 N. E. Rep. 529; 82 Me. 180; 55 Conn. 
244; S. C. 10 Atl. Rep. 689; 55 Conn. 144; 78 Iowa 550; S. C. 43 N. W. Rep. 527;. 
76 Texas 302; 75 Mich. 143. 

2. As regards the liability of school districts, for indebtedness, see 64 N. H. 
84; 30 West Va. 424; S. C. 4 S. E. Rep. 640; 15 Atl. Rep. 812; 145 Mass. 555;, 
S. C. 14 Is. E. Rep. 789. 

3. For constitutionality of the act, in cases of indebtedness, where obliga- 
tions would seem to be impaired by reason of such transfer, see 19 Ind. 407; 20' 
Ind. 398. 

4. See, also, 27 Ind. 465 ; 37 Ind. 415 ; 60 Ind. 473 ; 86 Ind. 582 ; 109 Ind. 559.. 

1511b. It is hereby declared that an emergency exists for the imme- 
diate taking effect of this act, and the same shall be in force from and 

after its passage. (2) 

[1877, p. 125. Approved and in force March 6, 1877.] 

45i2o 8cliooi-hoiise for several townships. The Trustees of two^ 

or more adjacent counties or townships may establish a new school dis- 
trict, and build a school-house therein at the joint expense of their sev- 
eral townships, whenever, in their judgment, it shall appear necessary 



SCHOOL LAW OF INDIANA. 179 

"for the better accommodation of the people of their respective town- 
ships : Provided, That such necessity must be set forth in a petition of 
the persons making the request — such petition to be presented to each 
of said Trustees. And said Trustees shall, at the time agreed upon by 
them, not less than ten days nor more than thirty days from the time of 
receiving such petition, hold a joint meeting, for the purpose of declar- 
ing whether such petition shall be granted, and take such further action 
-as the case may require. (1) 

1. Adjustment of revenue. It would seem from the language of the 
statute that when a joint district school is established, parents and guardians liv- 
ing in the vicinity would have the right to elect to send their children to it, even 
though it be out of their own township. Such a choice would generally necessi- 
tate several transfers, but transfers can not be made except at the time of taking 
the enumeration (sections 4473, 4474). The proper way to settle the difficulty 
would be for the Trustees of the several townships to pay to the Trustee of the 
one in which the house is located the revenue then on hand and afterward received 
ior the benefit of the children sent to the school from their several townships, till 
the next enumeration. The matter will thereafter adjust itself. — Smart, Swpt. 

See section 4446, notes 1, 2, 3. 

4513. Cost of erecting. Each township shall bear part of the 
expense of establishing such joint district school as the number of chil- 
dren of school age residing in each township, and attaching themselves 
i;o said new district at the time of the formation, bears to the whole 
number of children of school age who are attached to said district at its 
formation ; and each township shall assume its share of the debt so in- 
curred. But when said school shall be established, it shall be supported 
by the township in which it is established, in the manner already pre- 
scribed by law. (2 id.) 

1. Title, joint. The deed for the property should be in the name of all 
the corporations interested ; but, after the building is completed and paid for, the 
partnership ceases, and the school-house passes under the control of the Trustee 
of the township within whose limits the house is situated. — Smart, Supt. 

[1877, p. 126. Approved and in force March 7, 1877.] 

4514. Donation and beqnests. Whenever any person shall give 
or bequeath unto Trustees any sum of money exceeding five thousand 
dollars, for the purpose of erecting a public school building or seminary 
in any unincorporated town in this State, and upon the express or im- 
plied condition contained in said bequest that an amount equal thereto 
shall be raised by the citizens of said town or township for a like pur- 
pose, the Township Trustee of said Township in which said town is situ- 
ated shall, upon the petition of a majority of the legal voters of said 
township, be authorized to prepare, issue and sell the bonds of said 



180 SCHOOL LAW OF INDIANA. 

township, to secure a loan not exceeding fifteen thousand dollars, in an- 
ticipation of the revenue for special school purposes, for the purpose of 
complying with the condition annexed to such gift or devise — said bonds- 
to bear a rate of interest not exceeding seven per cent, per annum, pay- 
able at such time, within seven years from date, as such Trustee may 
determine : Provided, That until all the bonds of any one issue shall 
have been redeemed, such Township Trustee shall not be authorized to 
make another issue, nor shall any such bonds be sold at a less rate than 
ninety-five cents on the dollar. (1) 

1. The County Board has no power to appropriate money out of the general 
fund of the county to build a school-house. Eothrock i'. Carr, 55 Ind. 334. 

4515. Majority of voters. The whole number of votes cast for 
candidates for Congress at the last preceding congressional election in 
the township shall be deemed to be the whole number of legal voters of 
such township, a majority of whose names shall be signed to the petition 
presented to such Township Trustee ; to which petition shall be attached 
the afiidavit or affidavits, as such Trustee may deem necessary, of a 
competent and credible person or persons that the signature of all the 
names to said petition are genuine, and that the persons whose names 
are thereto signed are, as he believes, legal voters of such township. (2) 

4516. Sale of bonds. The Township Trustee shall record such peti- 
tion, together with the names attached, in the record-book of his town- 
ship, and carefully file away and preserve said petition, and shall enter 
in such record a statement of the time when such petition was filed ; 
and, if said Trustee shall then be satisfied that said petition contains the 
names of a majority of the legal voters of said township, he shall then 
prepare, issue, and sell bonds to the amount petitioned for in such peti- 
tion, as provided in section 1 of this act (section 4514), and shall accu- 
rately keep a record of all proceedings in and about the issue and sale 
of such bonds, to whom, and for what amount sold, the rate of interest 
they bear, and the time when they become due. (3) 

[1881, p. 592. Approved and in force April 16, 1881.] 

4517. Site lor school-Iiouse— Eiiiiueiit domaiii. Whenever, in 
the opinion of Trustees of school corporations or of the Township 
Trustee of any township in this State, it shall be considered necessary to 
purchase any real estate on which to build a school-house, or for any 
other purpose connected therewith, Such Township Trustee or School 
Trustees, or a majority of them, may file a petition in the Circuit Court 
of said county, asking for the appointment of appraisers to appraise and 
assess the value of said ^eal estate. (1) 



SCHOOL LAW OF INDIANA. 181 

1. Locations. The question as to where school-houses shall be located, and 
-where land shall be acquired for that purpose, is left to the sound discretion of the 
Trustee ; and, upon an application by the Trustee to the Circuit Court to acquire 
land for a school-house, questions i-especting the location selected are not triable. 
The method of trying such questions is by appeal to the County Superintendent, 
as provided by section 4537. Braden v. McNutt, 114 Ind. 214. 

2. ScHOOi. TOWNSHIP BUILDS. The school township, and not the civil town- 
ship, must build the school house ; and a note given by the civil township for the 
cost of constructing a school-house is void. Wingate ■;;. Harrison School Town- 
ship, 59 Ind. 520. 

3. Disagreement among Trustees. In cities and towns the School Trustees 
determine where and when a school-house is necessary and convenient, and a con- 
tract by the Trustees for the building of such school-house is binding, although 
one of the Trustees protested against it. Crist v. Brownsville Township, 10 Ind. 461. 

4. Fraud. An action may be maintained to enjoin the construction of a 
school-house, on the ground of fraud on the part of the Township Trustee, in the 
making of the contract, in the name of the State for the use of the civil township ; 
and the remedy provided for an appeal to the County Superintendent, is not in 
such a case exclusive, and does not prevent the bringing of the action. State v. 
Earhart, 27 Ind. 119. 

5. County Board of Commissioners. A County Board of Commissioners 
-can not make an allowance to build a school-house. Kothrock v. Carr, 55 

Ind. 334. 

4518. Appraisers. Upon eaid petition being filed (the owner or 
owners of said real estate having had ten days' notice of the pendency 
thereof), the Court shall appoint three freeholders, resident in said 
school corporation or said township where said real estate is situate, to 
appraise and assess the value thereof. (2) 

4519. Appraisement— Payment Said appraisers, before making 
said assessment and appraisement, shall take an oath before the Clerk 
of said court to makei a fair, true, and honest appraisement of said real 
estate ; and shall then proceed to examine said real estate, hear such 
evidence as they may consider necessary, and make report of their ap- 
praisement within five days after their appointment. Upon said report 
being filed, the owner or owners of said real estate may except to the 
same for any cause, and a trial thereon may be had in said court. 
When the value of said real estate is finally determined in said court, 
the Township Trustees or School Trustees may pay to the Clerk of said 
court, for the use of the owner of said real estate, the amount so deter- 
mined, and, upon payment thereof, the title to said real estate vest in 
said school corporation for said purposes. (3) 

1. The question when and where a school shall be located is left to the dis- 
cretion of the Trustees ; and that question can not be tried on condemnation pro- 
ceedings. 114 Ind. 214. 



182 SCHOOL LAW OF INDIANA. 



ARTICLE VIII.— TEACHERS' INSTITUTES. 



[1889, p. 67. Approved and in force March 2, : 



4520» Towiisllip InstitllteSo At least one Saturday in each month 
during which the public schools may be in progress shall be devoted to 
Township Institutes, or model schools for the improvement of teachers ; 
and iwo Saturdays may be appropriated, at the discretion of the Town- 
ship Trustee of any township. Such Institute shall be presided over by 
a teacher, or other person, designated by the Trustee of the township. 
The Township Trustee shall specify, in a written contract with each 
teaclier, that such teacher shall attend the full session of each Institute 
contemplated herein, or forfeit one day's wages for every day's absence 
therefroiB, unless such absence shall be occasioned by sickness, or such 
other reason as may be approved by the Township Trustee, and for each 
day's attendance at such Institute each teacher shall receive the same 
wages as for one day's teaching : Provided, That no teacher shall receive 
such wages unless he or she shall attend the full session of such Insti- 
tute and perform the duty or duties assigned. 

1. TeX'Stee must notify teachers. Where a school teacher has no notice 
when an Institute in his township will be held, and he has not, been negligent in 
ascertaining the date thereof, he is not liable to a forfeiture of wages. It is not 
the duty of the teacher to go to the School Trustee and ascertain the time of 
holdhig the monthly Institute ; but it is the duty of the Trustee to designate the 
day on which the same will be held, and notify the teachers of such fact. The 
teacher has a right to rely upon the Trustee doing his duty, and should not suffer 
through the non-performance of such duty. — Baldwin, Atty.-Gen. 

2. Teacheps must take part. The object of this Institute is the improve- 
ment of the teachers of the township. It seems to me that all the powers neces- 
sary to carry out this object are by common law conferred upon the persons 
managing the Institute. The object of the Institute will utterly fail unless the 
teachers attending take part jn the exercises. I think, therefore, the contract 
which the Trustee makes with the teachers, in relation to Township Institutes, 
necessarily requires the teachers to perform such reasonable exercises and duties 
as may be assigned to them. Indeed, the statute provides that the Trustee may 
designate one of the teachers to preside over the Township Institute. I am of the 
opinion that the mere presence of a teacher at a Township Institute does not fill 
the requirements of the law. — Smart, Supt. 

I think that mere presence at the Institute is not a full compliance witli the 
spirit of the law. The law contemplates active participation in the exercises ot 
the Institute. — Bloss, Supt. 

3. Attendance compulsory. It is the duty of a Township Trustee to 
contract with all teachers employed by him to attend Township Institutes. It is 
his duty to provide for holding such Institutes, and to see that they are held. 



SCHOOL LAW OF INDIANA. 183 

A mandate of Court may be obtained to compel the Trustee to perform both these 
duties. T think that, even though the Trustee had failed to make a written contract 
'with the teachers, he could require them to attend the Institutes. — Holcombe, Supt. 

4. Paid out of Special School Fund. Teachers should be paid for attend- 
ance upon Township Institutes out of the special school fund. This is authorized 
under "other necessary expenses of the school." (Sec. 4467.) 

Such expense could not be paid out of the tuition revenue. — Vories, Supt. 



[1865, p. 3. Approved and in force March 6, 1865J 

452 i. County Institutes. In order to tke encouragement of 
Teachers' Institutes, the County Auditors of the several counties of this 
State shall, whenever the County Superintendent of such county shall 
file with said Auditor his official statement, showing that there has been 
held, for five days, a Teachers' Institute in said county, with an aver- 
age attendance of twenty-five teachers, or of persons preparing to become 
such, draw his warrant on the County Treasurer, in favor of said County 
Superintendent, for thirty-five dollars ; and in case there should be an 
average attendance of forty teachers, or persons preparing to become 
such, then the said County Auditor shall drav/ his warrant on the Treasurer 
for fifty dollars, for the purpose of defraying the expenses of said Insti- 
tute : Provided, however, That but one of said payments be made in the 
same year. (159) 

1. Superintendent's duty and pay. Such an institute as is contemplated 
by the law is not a voluntary association, but a teachers' meeting, at the head of. 
which is the County Superintendent. He, therefore, has no right to surrender it 
into the hands of an incompetent director, nor to permit a course of procedure by 
any one, or by the Institute itself, by which time shall be wasted or unsatisfactory ' 
work done. The teachers are there to be instructed, and the Superintendent must 
necessarily take the responsibility of the Institute upon himself. The money whick 
the Auditor is authorized to ])ay is to defray the expenses of the Institute exclusive 
of the per diem of the Superintendent, whose compensation must be obtained in the- 
usual way. He is also entitled to his per diem for reasonable services in making 
preparations for the Institute. — Smart, Supt. 

4522. Schools closed. When any such Institute is in session, the 
common schools of the county in which said Institute shall be held shall 
be closed. (160) 

4523. Sessions. The several County Superintendents are hereby 
required, as a part of their duty, to hold, or cause to be held, such 
Teachers' Institutes at least once in each year in their respective counties. 
(161) 



184 SCHOOL LAW OF INDIANA. 



ARTICLE IX— FREE LIBRARIES. 



[1883, p. 103, Approved March 5, 1883, and in force June 5, 1883.] 

4524. Ill cities and towns. In all the cities and incorporated towns 
in this State the Board of School Trustees, Board of School Commission- 
ers, or whatever' Board may be established by law to take charge of the 
public or common schools of such city or incorporated town, shall have 
power, if in their discretion they deem it to the public interest, to estab- 
lish a free public library in connection with the common schools of such 
city or iucorpoi'ated town, and to make such rules and regulations for 
the care, protection and government of such library, and for the care of 
the books provided therefor, and for the taking from and returning to 
said library of such books, as the said Board may deem necessary and 
proper, and to provide penalties for the violation thereof: Provided, 
That in any city or incorporated town where there is already established 
a library open to all the people, no tax shall be levied for the purpose 
herein named. (1) 

1. Amendment. As enacted in 1881, the benefits of this law were confined 
to cities of ten thousand inhabitants, but the amendment of this section, in force 

. June 5, 1883, extended them to all cities and incorporated towns. 

2. See sections 3782-3815, K. S. 1881, and for amendments to these sections 
see Acts, 1883, p. 200; Acts, 1885, pp. 9 and 120. 

[18a5, p. 120. Approved and in force April 2, 1885.] 

4524a. Lilbraries iii certain cities. Wherever the Board of 
Directors of a library heretofore situate within the limits of any incor- 
porated town may have filed the agreement and request with the Board 
of Trustees of said town, provided for in an act entitled "An act sup- 
plementary to an act entitled an act to establish public libraries," ap- 
proved February 16, 1852, approved March 8, 1883, and the Board of 
Trustees of such town may have levied a tax for the support of such 
library in pursuance of such request and agreement and in accordance 
with said act, and such town may afterward have become incorporated 
as a city, the Common Council of such city shall have all the powers to 
levy tax, and do all other things granted by said act above named to 
Trustees of towns, and all the provisions of said act applicable to such 
library, and its relations to the town before its incorporation as a city 
shall, after such incorporation, be applicable to such library, and its 
relations to such city. (1) 



SCHOOL LAW OF INDIANA. 185 

[1881, p. 47. Approved and in force March 7, 1S81.] 

4525. Tax to maintain. Such Board shall also have power to 
levy a tax of not exceeding one-third of a mill on each dollar of taxable 
property assessed for taxation in such city in each year ; which tax shall 
be placed on the tax duplicate of such city, and collected in the same 
manner as other taxes ; and, when said taxes are collected, they shall be 
paid over to the said Board for the support and maintenance of said 
public library. Such Board shall have power, and it shall be its dutv 
to disburse said fund, and all revenues derived from gift or devise, in 
providing and fitting up suitable rooms for such library ; in the purchase, 
care, and binding of books therefor ; and in the payment of salaries to 
a librarian and necessary assistants. (2) 

4526. Real estate. Any such city in which a free public library 
may be established in accordance with the terms of this act may acquire 
by purchase, or take and hold by gift, grant, or devise, any real estate 
necessary for, or which may be donated or devised for, the benefit of 
such library ; and all revenues arising therefrom, and the proceeds of 
the same, if sold, shall be devoted to the use of said library. (3) 

[1885, p. 160. Approved and in force April 8, 1885.] 

4526a. Real estate for libraries.. In any case in which the 
Board of School Trustees of any city of this State have purchased any 
real estate for the use of a public library of said city, under sections 
4524, 4525 and 4526 of the Revised Statutes of 1881, and the revenue 
derived from taxation under said sections may have been or shall be in-- 
sufficient to pay for such real estate, then said Trustees be and they are 
hereby authorized to pay for the same out of any money in the treasury 
of such school city belonging to the special school fund thereof. (1) 

[1891„ p. 37. Approved and in force February 26, 1891.] 

4527. School and library tax in cities of 30,000. In all 

cities of the State of Indiana wliere Boards of School Commissioner© 
have been elected and are managing tlie school affairs of said city 
under an act of the General Assembly of the State of Indiana, entitled 
"An act providing for a general system of common schools in all cities 
of thirty thousand, or more, inhabitants, and for the election of a Board 
of School Commissioners for such cities, and defining their duties and 
prescribing their power*, and providing for common school libraries 
within such cities, approved March 3, 1871, and the various acts of the 
General Assembly amendatory thereof, and supplemental thereto, and 



186 SCHOOL LAAV OF INDIANA. 

in which the office of City Treasurer has been, or, hereafter, may te, 
abolished under and by virtue of an act of the General Assembly of the 
-State of Indiana, entitled, 'An act concerning taxation for city and 
school purposes in cities containing a population of over seventy thousand, 
as shown by the last census of the United States ; to abolish the offices 
of City Assessor and City Treasurer in such cities, and provide for the 
discharge of the duties of such offices, and repealing laws in conflict 
therewith, approved February 21, 1885,'" such Boards of School Com- 1 
missioners be and they are hereby authorized and empowered, in the ' 
manner and form in which they are now by law authorized to levy taxes, 
levy taxes for the support of the schools within such city, including 
such taxes as may be required for paying teachers, in addition to the 
laxes now authorized to be levied by the General Assembly of the State 
of Indiana, not to exceed, however, in any one year, the sum of twenty- 
ifi ve cents on the one hundred dollars of the taxable property as shown 
hy the eertificate showing the assessment and valuation for taxation of 
all taxable real and personal and railroad property of such city, required 
to be delivered to said Board of School Commissioners by section 8 of 
the said act of the General Assembly of the State of Indiana, approved 
February 21, 1885, and also to levy a tax each year not exceeding four 
cents on each one hundred dollars of the taxable property in said city, 
as shown by said certificate, for the support of free public libraries, in 
connection with the common schools of said city, and to disburse any and 
all revenues raised by such tax levied for library purposes, in the pur- 
chase of books and in the fitting up of suitable rooms for such libra- 
ries, salaries to librarians and other expenses necessarily incident to the 
maintenance of such library; also, to make and enforce such regulations 

:.:.as they may deem necessary for the taking out, and returning to, and 
for the proper care of all books belonging to such libraries, and to pre- 

. scribe penalties for the violation of such regulations. (1) 

4521a. County Treasurer reports to Board of Scliool Coiiimis- 
' sioijers. In all cities in the State of Indiana, where Boards of School 
^ Commissioners have been elected and are managing the school affairs of 
said city, under and by virtue of said act of the General Assembly of 
the State of Indiana, approved March 3, 1871, and in which the office 
of City Treasurer has been, or may hereafter be, abolished, under and 
by virtue of said act of the General Assembly of the State of Indiana, 
approved February 21, 1885, as mentioned and described in the first 
section of this act, it shall be the duty of the County Treasurer, on and 
after making his settlement with the County Auditor on the third Mon- 
day of April, 1891, and the payment to the Board of School Commis- 
sioners of the amount by such settlement found to be due to it, as 



SCHOOL LAW OF INDIANA. IS*/ 

required by section 13 of the last above named act, at the close of each 
calendar month, to make report, duly verified by his oath, to said Board 
of School Commissioners of all taxes and delinquent taxes collected 
within said month, and thereafter, upon demand of the Treasurer of said 
Board of School Clommissioners, to pay to him, for the use of said Board 
of School Commissioners, the full amount of said taxes and delinquent 
taxes shown by said report to have been collected. Upon such payment 
being made, the Treasurer of the Board of School Commissioners shall 
execute to said County Treasurer his receipt for the amount of money 
so paid, which receipt the latter shall deliver to the Secretary of the 
Board of School Commissioners, who shall give him a quietus therefor, 
and credit said County Treasurer with the amount thereof, and charge 
such amount to the Treasurer of said Board of School Commissioners. 
(2) 

452 7<i. Couuty Treasurer's credits. Said County Treasurer 
shall, thereafter in his settlement with the County Auditor, made as 
required by law, on the third Monday of April, and the first Monday of 
November, in each year, present such quietuses to the County Auditor, 
who shall give such County Treasurer credit therefor as against the sums 
with which he is chargeable upon account of the collection of such school 
taxes. (3) 

Note. This act has a general repealing section. The act repeals the act of 
1S89, p. 432, on the same subject. 

[1891, p. 35. Approved and in force February 26, 1891.] 

452 7e. Bonds for library buildings. In all cities in the State of 
Indiana where Boards of School Commissioners have been elected and 
■are managing the school affairs of said city under an act of the General 
Assembly of the State of Indiana, entitled, "An act providing for a gen- 
eral system of common schools in all cities of thirty thousand, or more, 
inhabitants, and for the election of a Board of School Commissioners for 
such cities, and defining their duties and prescribing their powers, and 
providing for common school libraries within such cities," approved 
March 3, 1871, and the various acts of the General Assembly amenda- 
tory thereof and supplemental thereto, such Board of School Commis- 
sioners be and they are hereby authorized and empowered to issue bonds 
in any sum not exceeding one hundred thousand dollars, for the purpose 
of erecting buildings for library and school ofiices, to be used in connec- 
tion with the common schools of said city. Such bonds to bear interest, 
Bot exceeding five per cent, per annum, payable after eleven years from 
the date thereof, and within twenty years from the date thereof, as fol- 

14 — ScEOOL Law. 



188 SCHOOL LAW OF INDIANA. 

lows, to-wit : One-tenth thereof to be paid eleven years from date, and 
one-tenth thereof to be paid each succeeding year until all are paid ; the 
money obtained from the sale of such bonds shall be disbursed by said 
Board of School Commissioners in the erection of a building for the 
library and school offices, to be used in connection with the common 
schools of said city. Such bonds shall be designated ' ' Library Building 
Bonds," and may be issued in such denominations, and in such sums, 
from time to time, as the Board of School Commissioners may deem 
expedient ; and each of said bonds shall upon its face designate the date 
of the maturity thereof: Provided, That at no time shall the amount of 
bonds so issued for such purpose by any such board exceed the sum of 
one hundred thousand dollars ; and that said Board of School Commis- 
sioners shall have no power to issue any renewal thereof, but the same 
shall be paid at maturity, as hereinafter provided : And, provided further. 
That such bonds shall not be sold for less than their par value. (1) 

452 7f. Payment of bonds. If the Board of School Commission- 
ers in any city shall exercise the powers granted to it by this act, it shall 
provide for the payment of said bonds as follows ; at the time of the 
levying of the taxes for the year which shall be collectible immediately 
before the maturity of the first maturing of said bonds. Said board of 
School Commissioners shall levy, in addition to the levy of taxes they 
may be authorized to make for other purposes, a tax upon all property 
subject to taxation by it, sufficient to pay the first maturing of such 
bonds, and apply the money raised thereby to the payment thereof; and 
each year thereafter said Board of School Commissioners shall levy such 
tax, and apply the proceeds thereof to the payment of the bonds succes- 
sively maturing until all have been paid. (2) 

Note. This act has a general repealing section. 



TOWNSHIP LIBRARIES. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4529. Township Trustee in charge. Such library shall be in 
charge of the Township Trustee, shall be deemed the property of the 
township, and shall not be subject to sale or alienation from any cause 
whatever. (136) 

45S0. Tnistee's dnties. Such Trustee shall be accountable for the 
preservation of said library ; may prescribe the time of taking and the 
period of retaining books ; asse&s and recover damages done to them by 



SCHOOL LAW OF INDIANA. 189 

cany person ; and adopt regulations necessary for their preservation and 
usefulness. He shall provide book-cases; also, blank books, ruled, in 
which to keep an account of books taken out and returned ; and report 
.the number each year to the County Superintendent. At the com- 
mencement of each school term, at each school-house in the township, 
lie shall cause a notice to be posted up, stating where the library is kept, 
and inviting the free use of the books thereof by the persons of the 
township. (137) 

4531. Use of books. Every family in the township shall be enti- 
tled to the use of two volumes at a time from said library, whether any 
member of such family shall attend school or not. (138) 

4532. Where kept. The Trustee may deposit the library at some 
■central or eligible place in the township, for the convenience of scholars 
and families, and may appoint, for that purpose, a librarian to have the 
care and superintendence thereof. (139) 

1. Pay of libeaeian. When the Township Trustee employs a Township 
Librarian, he has authority to make a contraot to pay him so much per year. The 
•power to appoint a librarian gives the Trustee the power to secure the acceptance 
■of such appointment by paying a sufficient, but reasonable, compensation. There 
is no statute fixing a fee for such work, but the same is to be paid for out of the 
township's general fund for ordinary township purposes. — Baldwin, Atty-Qen. 

4533. When open. The library shall be open to all persons enti- 
tled to its privileges throughout the year, without regard to school ses- 
!3ions, Sundays and holidays excepted. (140) 

[1885, p. 9. Approved and in force February 18, 1885.] 

4533a, Tax levy for lihrary. Any township in which there has 
t)een, or may hereafter be, established by private donations, a library of 
the value of one thousand dollars, or more, for the use and benefit of all 
the inhabitants thereof, the Township Trustee of such township shall 
annually levy and collect not more than one cent on the hundred dollars 
■upon the taxable property within the limits of such township, which 
shall be paid to the trustees of such library, and be applied by them to 
the purchase of books for said library, and may, with the consent of the 
Board of Commissioners of the county, when it shall become necessary 
to erect or enlarge a library building, annually, for such period as may 
he necessary, levy and collect not more than five cents on the one hun- 
dred dollars upon the taxable property of said township, for not more 
than three years successively, which shall be expended by the trustees 
in the erection or enlargement of a, library building. (1) 



190 SCHOOL LAW OF INDIANA. 

1. When the Young People's Reading Circle books shall, collectively, even 
though they may be distributed to the several district schools in the township, 
amount to one thousand dollars in value, I think the Trustee of such township would 
be warranted, by the above statute, in levying a tax of one cent on the one hundred 
dollars of taxables for the support and addition to such library. — Vories, Supt. 

2. If the people of the several districts, or the pupils of the several schools, 
should appoint trustees, in some uniform way, as they may elioose, I think the 
intent of the above section would be fully complied with. — J'rrics, Svpf. 

[1895, p. 240. Approved March 11, 1895. In force 1895.] 

4538bo Tax levy for large librarjo In any township in which there has^ 
been, or may hereafter be, established by private donations a library of the value 
of twenty-five thousand dollars or more, including the real estate and buildings 
used for said libraiy, for the use and benefit of all the inhabitants thereof, the 
Township Trustee of such toAvnship shall annually levy and collect not more thaji 
six cents on the hundred dollars, upon the taxable property within the limits of 
such township, which shall be paid to the Trustees of such library, and be ap- 
plied by them to the purchase of books for said library and to the cost of the 
maintenance thereof, and said Trustee may, with the consent of the Board of 
Commissioners of the county, when it shall become necessary, to purchase addi- 
tional ground for the extension or protection of library buildings already estab- 
lished by such private donation, annually levy and collect not more than five ■ 
cents on the hundred dollars upon all taxable property of said township for not 
more than three years successively, which shall be expended by said Trustees in 
the purchase of said property and the erection and enlargement of the library 
building thereon. (1) ;■ ;' ,, , f' ,^ ,; ■'' - • . 

ARTICLE X— GENERAL PROVISIONS. 

[1865, p. 3. Approved and in force March 6, 1865.] 

4534. Suits, how broUgM. Suits brought on behalf of the schools 

of any township, town or city, shall be brought in the name of the State 
of Indiana, for the use of such township, town or city (145) 

1. Note. Kn action brought in the name of the State, for the use of a city, 
"as a distinct municipal corporation for school purposes," is rightly brought. 
Hadley v. State, 66 Ind. 271. 

2. Bringing an action in favor of the township without designating it as a 
school township will be construed as bringing it in favor of the civil township, 
and not in favor of the school township. IJtica Township v. Miller, 62 Ind. 230; 
Jarvis v. Shelby Township, 62 Ind. 257. 

4535. Costs. Any person who shall sue for, or on account of, any 
decision, act, refusal or neglect of duty of the Township Trustee, for 
which he might have had an appeal, according to the provisions of the 
preceding section, shall not recover costs. (146) 

1. Note. The " preceding section " here referred to evidently means §4537, 
The costs are the costs made in the court. 

4536. Process, how executed. Process in such suits against a- 
school township, town or city, shall be by summons, executed by leaving: 
a copy thereof with the Trustee [or School Trustees] of such township, 
town or city, ten days before the return-day thereof; and in case of an 
appeal, similar notice of the time of hearing thereof shall be given, 
(144) 

1. Note. Service of summons by reading to a Trustee is insufficient, and 
liable to be set aside, but a judgment by default upon such service would be valid^ 
because it is sufficient notice to sustain a judgment. 



SCHOOL LAW OF INDIANA. ' 191 

4537. Appeals from Township Trustees. Appeals shall be 
allowed from decisions of the [Township] Trustees, relative to school 
matters, to the County Superintendents, who shall receive and promptly 
determine the same, according to the rules which govern appeals from 
Justices of the Peace to Circuit Courts, so far as such rules are appli- 
cable ; and their decisions of all local questions relating to the legality 
of school meetings, establishment of schools, and the location, building, 
repair, or removal of school-houses, or transfer of persons for school 
purposes, and resignation and dismissal of teachers, shall be final. (164) 

1. Peocedxjre in appeals — Notice to parties. When a Trustee has 
decided to do an act subject to appeal to the County Superintendent, and has made 
a record of his decision, he should give the people interested such information as 
they may call for in order to afford them an opportunity to avail themselves of 
their privilege to appeal, if they desire to do so. 

Time for appeal — Bond. An appeal must be taken within thirty days. That 
is the rule as to an appeal from the judgment of a Justice of the Peace. But any 
appeal may ])e granted by the officer to whom it is taken, after the expiration of 
the thirty days, when the party asking it has been hindered from taking it by 
circumstances not under his control. No bond is necessary in an appeal from a 
Trustee to the Connty Superintendent. 

Records — Transcript. When a Trustee receives a written notice from an 
aggrieved party of an appeal from his decision, he should immediately make a 
record of the same. He should make a certified transcript of his record, which 
should be a complete statement of the proceeding before him, and should file the 
same, with all papers in the case, with the County Superintendent, within twenty 
days. 

2. Location of houses. The County Superintendent has no power, on 
appeal, to require a school-house to be erected on land not belonging to the town- 
ship. Otherwise his decision is final, but only as to the particular case before him. 
The Trustee may at once relocate at a difTerent place. Koontz v. State, 44 Ind. 
323 ; State v. Mewhinney, 67 id. 397. 

After the location has been fixed by the County Superintendent, on appeal, 
the Township Trustee may change it, subject to appeal. But if there be no sub- 
sequent change after the County Superintendent has determined upon the loca- 
tion, the Trustee may be compelled, by mandate, to execute the order. Trager v. 
State, 21 Ind. 317. See, also, §4444, note 9; §4499, note 4. See note 10. 

3. Jurisdiction of courts. Nothing in this act shall be so construed as to 
change or abridge the jurisdiction of any court in cases arising under the school 
laws of the State, and the right of any person to bring suit in any court, in any 
case arising under the school laws, shall not be abridged by the provisions of this 
act. {"4429. 

No appeal to the Superintendent can be taken from the action of a Trustee in 
making a contract with any one, either for building a school4iouse, or like con- 
tracts, nor in regard, to any criminal or fraudulent act of a Trustee, nor upon the 
mere breach of a contract, nor upon the dismissal of a teacher in a city or town. 
This is a question for the courts. Crawfordsville v. Hays, 42 Ind. 206. 

A suit to set aside a contract for the building of a school-house, and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township Trustee 



192 SCHOOL LAW OF INDIANA. 

in making the contract, is properly brought in the name of the State for the use of 
the township ; for the remedy provided by an appeal to the County Examiner is 
not exclusive in such cases, the matter involved not being "a local question relat- 
ing to the building of school-houses." State v. Earhart, 27 Ind. 119. But the 
remedy of appeal to the Superintendent is exclusive when "relative to school 
matters," and for the purpose of preventing vexatious and expensive litigation it 
is provided that his decision shall be final in regard to certain enumerated sub- 
jects. Fogle V. Gregg, 26 Ind. 345. 

Eegulations adopted by persons in charge of a school are analogous to by-laws 
enacted by municipal and other corporations, and both will be annulled by the 
courts, when found to be unauthorized, against common right, or palpably unrea- 
sonable. State V. White, 82 Ind. 278. 

4. Extent of jurisdiction of courts. Upon any question arising out of 
the dismissal of a teacher, if the teacher has suffered any damages, he may bring 
a suit against the township to recover whatever loss he has sustained. The court 
can onlv examine whether just cause existed for his dismissal, in order to see if 
he is entitled to damage for a wrongful dismissal, but can not reinstate him as a 
teacher, for as to that the Superintendent's decision is final. But on all those 
questions relating to the government and control of schools and school buildings, 
and school regulations, such as the establishment of schools, and the location, 
building, repair or removal of school -house, or transfer of persons for school pur- 
poses, or even the attachment of a person to a certain school, and resignation of 
teachers, his decision is final, and no action can be maintained in the courts 
touching the same. This must necessarily be so, for courts can not undertake the 
superintendency of school matters. Upon a question of fraud in holding a 
school meeting, it is difficult to see how any question can arise so that courts can 
exercise any jurisdiction over it; it is believed there is none.— Baldwin, Atty.-Gen. 

5. References. See section 4446, note 1 ; section 4499, notes, 4, 5, 6 ; sec- 
tions 4506, 4501, 4538 and notes. 

6. Trial of appeals. When the County Superintendent has received a 
complete transcript of the case in controversy, he should fix a day for the trial, 
and all parties to the case should be notified of the subject matter and the time 
and place of the trial. The case should then be tried de novo. No case should be 
decided by the Superintendent from the transcript alone, without first giving all 
parties an opportunity to be heard. If after sufficient notice either appellee or ap- 
pellant fails to appear, then, and only then, should the case be decided from the 
transcript. — Vorks, Supt. 

7. De novo trial of appeals. Upon appeal the case is tried de novo upon 
its merits. 7 Ind. 207 ; 12 Ind. 565 ; 33 Ind. 333. 

8. Use of School-house — Statutory remeby. When a teacher com- 
plains that the use of- a school-house by religious, political or other meetings in- 
terferes with the orderly and successful progress of the school, the Trustee should 
call all interested parties before him, hear and determine the case at once. His 
decision will be subject to appeal to the County Superintendent, but the Superin- 
tendent's decision is not final on this matter. It may go to the courts on injunc- 
tion or mandamus proceedings ; but the statutory remedy should first be exhausted. 
— Varies, Supt. 

9. Decisions of County Superintendent not reviewed by the courts. 
Decisions of County Superintendent (when made final by statute) will not be 



SCHOOL LAW OF INDIANA. 198' 

reviewed by the courts unless it is showu that he acted on improper motives. 12* 
Ky. L. E. 720. 

10. Superintendent's decision final. The Superintendent's decision 
prohibiting the erection of a school house on a location selected by the Trustee is 
within his jurisdiction, and is final and binding on the Trustee. 28 N. E. Kep. 
306; 129 Ind. 101. 

11. Tetjstee's discretion. If a Trustee, acting in good faith, discontinues 
a school on account of the smallness of the attendance, the courts will not review 
his decision, nor will mandamus lie to compel him to reestablish the school. 119 
Ind. 232. 

4538. Appeals ft'om County Superiuteudent. Appeals shall be 
allowed from the decisions of County Superintendents to the Superin- 
■ tendent of Public Instruction on all matters not otherwise provided for 
in the next preceding section ; and the rules that govern appeals from 
Justices of the Peace to the Circuit Courts as to the time (jf taking an 
appeal, giving bonds, etc., shall l)e api^licable in appeals from County 
Superintendents to the Superintendent of Public Instruction. (165) 

1. PROCEDrRE. The same rules in regard to the time allowed for taking an 
appeal and for making transcript, etc. , apply in case of appeals to the State Su- 
perintendent as to the County Superintendent. [See sections 4537-1.] But an 
appeal bond seems to be necessary in case of an appeal to the State Superintend- 
ent. A bond for $25 would probably be sufficient. The County Superintendent 
should make a transcript of the record, and send it, together with all pajjers in 
the case, to the State Superintendent, with his certificate indorsed thereon. He 
must specifically certify to the facts, for example, that A B applied for a certificate 
on a certain day, that upon examination a license was refused on certain grounds, 
that the inclosed papers are those made by the applicant, upon which he was 
rejected. A copy of the questions used and the appeal bond should also be sent. 
In case a refusal to license is based upon the County Superintendent's personal 
knowledge, he should make a statement of the facts, verified by affidavit, and for- ' 
ward it, together with corroborative testimony, and the testimony given in favor 
of the accused. If an appeal is taken in due form, the State Superintendent may 
require the County Superintendent to forward the papers to him, and, upon re- 
fusal, may visit the county and make an examination into the facts of the case, 
and render a decision that will be binding on all parties interested. — Smwt, Supt, 

2. Trial by State Superintendent. The appeal is tried by the Superin- 
tendent of Public Instruction upon the papers sent up. Additional affidavits 
may be filed with him and witnesses examined. Parties may appear before him, 
and a complete trial be had, the same as before the County Superintendent. An 
applicant for a license, who desires to appeal, should be allowed thirty days from 
the time the County Superintendent's. decision is rendered, not from the time of 
examination. If the license is denied because of immorality, the County Super- 
intendent should specify in what particular the immorality consists. On appeal the 
Superintendent of Public Instruction can not grant a license ; he can only order 
the County Superintendent to grant one. Should the latter refuse to grant it, a 
mandamus, at the instance of the teacher, would lie to compel him to obey the 
direction of the vState Superintendent. If an appeal is taken and the County Su- 



194 SCHOOL LAW OF INDIANA. : 

perintendent "refuses to send up the papers, a mandamus will lie to compel him t 
send them. Or the Superintendent of Public Instruction can visit the county ai 
try the case there. Merely writing a letter to the Superintendent of Public In- 
struction by the party desiring to appeal, and stating that he appeals from the 
decision of the County Superintendent, does not constitute an appeal. The initia- 
tory steps must be taken in the matter with the County Superintendent. — i?/n.?s, 
Supi. 

3. Appeax, as to whole cause. An appeal must be taken as to the whole 
case. 63 Ind. 475. 

4. Breach of appeal-bond. The failure to prosecute the appeal success- 
fully is a breach of the appeal-bond. 7 Ind. 207 ; 9 Ind. 519 ; 51 Ind. 81. 

5. EuLES OF APPEAL. For rules governing appeals from Justices of the 
Peace, see sections 1499, 1500, 1501, E. S. 1881. 

6. Defective appeal-bond. For defective appeal-bond see section 1283, 
,E. S. 1881. 

7. Examination of surety. See section 1281, E. S. 1881. 

8. Appeal-bond. The appeal-bond is required by statute. Section 1500, 
E. S. 1881. 

9. Approval of appeal-bond. The appeal-bond should be approved, i 
,Section 642, E. S. 1881 ; 29 Mich. 19. 

10. Insufficiency. An appeal-bond without surety is insufficient. 63 Ind. 
490. 

11. State Superintendent's discretion. The State Superintendent may 
.define the manner of presenting a case to him, whether by oral arguments or by 
written briefs. 54 Wis. 150. 

12. Case tried de novo. Upon appeal the case is tried de novo upon its 
merits. 7 Ind. 207 ; 12 Ind. 565 ; 33 Ind. 333. 

13. Evidence. In questions as to a teacher's fitness, it is not advisable to 
require the same strictness as to evidence as courts require. 3 Hun. (N. Y. ) 177. 

14. Weight of opinions. When the school law is doubtful, the opinion of 
officials having power to pass on school questions is of great weight. 10 E. I. 615. 

15. Decision final. The State Superintendent's decision, as to the annul- 
ing of a teacher's license, is final. 34 How. (K Y.) 366 ; 11 Wend. 90. 

4539. OatliS. Scliool officers are hereby authorized and empowered 
to administer all oaths relative to school business appertaining to their 
respective offices. (166) 

Note. But school officers can not administer oaths upon any other than 
school matters, and it is held that Directors can not administer them at all. '' 
County Superintendents and Trustees may administer oaths to Trustees and teach- 
ers reporting to them, and to witnesses in trials before them. 

[18S1 S., p. 718. Approved April 11, 1881, and in force September 19, 18S1.] 

4540. Women eligible to school Oilices. Any woman, married 
or single, of the age of twenty-one years and upwards, and possessing 
the qualifications prescribed for men, shall be eligible to any office un- 
der the general or special school laws of this State. (1) 



SCHOOL LAW OF INDIANA. 195' 

1. Constitutionality doubtful. The passage of this law implies that, in 
the judgment of the Legislature, women are not eligible to such offices. I think 
that is the correct idea. Indeed there is serious doubt whether the statute itself is 
constitutional. If a County Superintendent of schools is a county officer, a female, 
elected as prescribed by ^4424, will find herself confronted by our State Constitu- 
tion (R. S. 1881, §154), which reads : "No person shall be elected or appointed 
as a county officer who shall not be an elector of the county." The constitutional 
amendment of March 14, 1881, says, in substance: "In all elections not otherwise 
provided for by this constitution, every male citizen of the age of twenty-one, who 
shall have resided in this State six months, etc., etc., shall be entitled to vote in 
the township where he may reside." (E. S. 1881, §84.) Thus it would seem that 
no one except a male is entitled to hold a county office. My attention is called 
to the appointment of a lady notary public; but a notary is not a county officer. — 
Baldwin, Atty.-Gen. 

2. School Trustee— Director. Attorney-General Baldwin expressed seri- 
ous doubts of the constitutionality of the act authorizing the election of women to 
school offices, and held that they were ineligible to the County Superintency on 
the ground that county officers are required to be electors. This reasoning doe&- 
not apply to the office of School Trustee df a city or town, and until the act is- 
decided by tlie courts to be unconstitutional, there is no ground on which to ques- 
tion the eligibility of women to that office. Women who are voters at school 
meetings are eligible to the office of Director. (4498, note 1.) They can not be- 
Township School Trustees, since that office is held ex officio by the civil Trustee. — 
Holcombe, Supt. 

4541. Bond MlMling. Any woman elected or appointed to any 
office under the provisions of this act, before she enters upon the dis- 
charge of the duties of the office shall qualify and give bond as required 
by law, and such bond shall be binding upon her and her securities. (2) 



STATE NORMAL SCHOOL. 

[1865 S., p. 140. Approved and in force December 20, 1865.] 

4542. Establislied. There shall be established and maintained, as 
hereinafter provided, a State Normal School, the object of which shall 
be the preparation of teachers for teaching in the common schools of 
Indiana. (1) 

4543. Trustees — Corporate name. lu order to the establishment 
and maintenance of such a school, the Governor shall appoint, subject 
to the approval of the Senate, four c(!*mpetent persons, who shall, in 
themselves and in their i-uccessors, constitute a perpetual body corporate, 
witli power to sue and be sued, and to hold in trust all funds and prop- 
erty which may be provided for said Normal School, and who shall be 



196 SCHOOL LAAV OF INDIANA. 

known and designated as the "Board of Trustees of the Indiana State 
Normal School." The Superintendent of Public Instruction shall be, 
ex officio, a member of this board. (2) ^ 

4544. Term of office — Vacancies. Two members of this board ; 
shall retire, as may be determined, by lot or otherwise, in two years ■ 
after their appointment, and the remaining two in four years ; where- \ 
u]Don the Governor, subject to the apj^roval of the Senate, shall appoint, ' 
-as aforesaid, their successors for a period of four years. All vacaucies ■ 
occurring in said board from death, or resignation, shall be filled by 1 
appointments made by the Governor. (3) 1 

4545. Organization — Officers. Said Board of Trustees shall meet ' 
on the second Tuesday in January, 1866, at the office of the Superin- 
tendent of Public Instruction, and shall organize, by electing one of its 
number president, and one secretary, each for a term of two years ; and, 
at this or at a subsequent meeting, it shall elect some suitable person, 
outside of its number, as treasurer? who shall, before entering on duty, 
^ive bond in such sum as it may prescribe.- (4) 

4546. Donations. Said board shall, at its first meeting, open 
books to receive, from different parts of the State, proposals for dona- 
tions of grounds and buildings, or funds for the procuring of grounds 
and erecting of buildings, for said Norhial School. Also, it may, if 
deemed needful, at this or a subsequent meeting, appoint one of its 
number, or other competent person, to visit different parts of the State 
and explain the nature and object of said Normal School, and ,to receive 
proposals of donations of buildings and grounds, or of funds for the 
same. (5) 

4547. Location. Said board shall locate said school at such place 
as shall obligate itself for the largest donation : Provided, first. That 
said donation shall not be less in cash value than fifty thousand dollars; 
second, That such place shall possess reasonable facilities for the success 
of said school. (6) 

1. An act of 1867 (p. 177) appropriated fifty thousand dollars out of the 
common school library fund and State treasury, in aid of the erection of the 
buildings, with a condition precedent that no part thereof should be paid until the 
city of Terre Haute has vested in the Board of Trustees of the Normal School 
the title to the land donated by her as a site fqr the school, by a good and suffi- 
cient deed in fee-simple, and had also bound herself, by an agreement filed with 
the Auditor of State, to forever maintain one-half of the necessary repairs incident 
to keeping the buildings and grounds in proper order. 

4548. Contract for building. Said board shall, immediately after 
the selection of place of location, proceed to let a contract, or contracts, 



SCHOOL LAW OF INDIANA. 19T 

for the erection of a building, to tlie lowest responsible bidder : Providedy 
That no member of the board be a contractor for building, or for fur- 
nishing any material therefor. (7) 

4549. Model school. Said board shall organize, in connection with 
the Normal School, in the same building with the Normal School, or in 
a separate building, as it shall decide, a Model School, wherein such 
pupils of the Normal School as shall be of sufficient advancement shall 
be trained in the practice of organizing, teaching and managing 
schools. (8) 

4550. Duty of Trustees. Said board shall prescribe the course 
of study for the Normal School ; shall elect the instructors and fix their 
salaries ; and shall determine the conditions, subject to limitations here- 
inafter specified, on which pupils shall be admitted to the privileges of 
the school. (9) 

4551. Conditions of admission. The following xjonditions shall 
be requisite to admission to the privileges of instruction in the Normal 
School : 

First. Sixteen years of age, if females, and eighteen, if males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral character. 

Fou'Hh. A written pledge on the part of the applicant, filed with the 
principal, that said applicant will, so far as may be practicable, teach in 
the common schools of Indiana a period equal to twice the time spent 
as a pupil in the Normal School ; together with such other conditions as 
the board may, from time to time, impose. (10) 

1. Students must submit to rules. A student is required to submit to any 
proper rule necessary for the good government of the institution. 82 Ind. 278. 

2. Expulsion. A student can not be expelled for attending a public balL 
32 Mo. App. 536. 

o. Qualifications fob admission. The faculty can not make membership 
of a Greek-letter fraternity, or other college secret society, a disqualification for 
admission. 82 Ind. 278. 

4. Race or ('olor. Students can not be excluded on account of race or- 
color. 48 Ind. 327; 7 Nev. §42; 18 Mich. 400; 48 Cal. 36; 71 111. 383. 

4552. Tuition free. Tuition in the Normal School shall be free 
to all residents of Indiana who fulfill the four conditions set forth in 
the preceding section and such other conditions as the board may re- 
quire. (11) 

4553. Principle of Management. A high standard of Christian 
mcality shall be observed in the management of the school, and, as far 
as practicable, inculcated in the minds of the pupils ; yet no religious 
sectarian tenets shall be taught. (12) 



198 SCHOOL LAW OF INDIANA. 

4554. Report. Said Board of Trustees shall, biennially, make a 
report to the Legislature, setting forth the financial and scholastic con- 
dition of the school ; also making such suggestions as, in their judgment, 
will tend to the improvement of the same ; and in the years in which 
there is no session of the Legislature, it shall make a report of the 
-scholastic condition of the school to the Governor, on or before the first 
Monday in January. (13) 

[1873, p. 199. Approved and in force March 6, 1873.] 

4555. Board of visitors. The State Board of Education shall 
appoint, annually, in the month of June, or at its first meeting there- 
after, a committee of three, who shall constitute a Board of Visitors, 
and shall, in a body or by one of its number, visit said school once dur- 
ing each term, and witness the exercises and otherwise inspect the con- 
<lition of the school ; and, by the close of the Normal school year, they 
.shall make a raport to the Board of Trustees. The members of said 
Board of Visitors shall be allowed five dollars for each day' s service ren- 
dered, and also traveling expenses, to be paid out of the State treasury. 
(14) 

[1891, p. 311. Approved and in force March 6, 1891.] 

4556. Ttlitioil revemie. The Superintendent of Public Instruction 
shall, in his next apportionment of school revenue for the State, deduct 
fifteen thousand dollars ; and semi-annually thereafter he shall deduct 
the same amount ; which shall be set apart and be known as the Normal 
School fund. These moneys shall be paid out only on the warrant of 
the Auditor, drawn on the order of the Board of Trustees of said Nor- 
mal School. (15) 

1. . Kepealea after the July apportionment of 1S9G. See sec. 4677g. 
[1873, p. 199. Approved and in force March 5, 1873.] 

4557. Certificates— Diplomas. The Board of Trustees is author- 
ized to grant,, from time to time, certificates of proficiency to such 
teachers as shall have completed any of the prescribed courses of study, 
and whose moral character and disciplinary relations to the school shall 
be satisfactory. At the expiration of two years after graduation, satis- 
factory evidence of professional ability to instruct and manage a school 
having been received, they shall be entitled to diplomas appropriate to 
such professional degrees as the trustees shall confer upon them ; which 
diplomas shall be considered sufiicient evidence of qualification to teach 
in any of the schools of this State. (2) 

4558. Animal appropriation. There shall be appropriated out 
of the State treasury, from funds not otherwise appropriated, three 



SCHOOL LAW OF INL>1ANA. 199 

thousand two hundred and six dollars and eighty-three cents, to liqui- 
date the indebtedness of the Normal School ; also, an amount, annually, 
not exceeding two thousand dollars in any one year, for warming, light- 
ing, janitor's fees, repairs, and for actual expenses of said institution. 

(3) 

1. This appropriation is repealed al'ter Itie tiscal year for 1895-6. S6e sec. 
467 7g. 

[1865 S., p, 140. Approved and in force December 20, 1865.] 

4559. Pay of Trustees. The members of the Board of Trustees 
shall each be allowed five dollars for each clay's service rendered, also 
traveling expenses, to be paid out of the State treasury. (16) 

4560. Pay of treasurer and agent. Said board shall pay its 
treasurer, and its agent, if such be appointed, as provided for in this 
act, such sums for their services as shall be reasonable and just. (17) 



INDIANA UNIVERSITY. 

[1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

456!. Recognized. The institution established by an act entitled 
"An act to establish a college in the State of Indiana," appia^ved Janu- 
ary 28, 1828, is hereby recognized as the University of the State. (1) 

The State University is not a public corporation, but a private, or at least a 
quasi public one, and its endowment fund is not embraced by the phrase, "public 
iunds," as used in the interest law of 1879. State r. Carr, 111 Ind. 335. 

[ 1883, p. 82. Approved and in force March 3, 1883.] 

406 1 a. Tax for endowment fund. There shall be assessed and 
■collected, as State revenues are assessed and collected, in the year of 
■eighteen hundred and eighty-three, and in each of the next succeeding 
twelve years, the sum of one-half of one cent on each one hundred dol- 
lars' worth of taxable jDroperty in this State ; which money, v/hen col- 
lected and paid into the State Treasury in each of the years named in 
this act, shall be placed to the credit of a fund to be known as the per- 
manent endowment fund of the Indiana University. (1) 

4661b. Application of fund. . Whenever, after the first day of 
May, eighteen hundred and eighty-four, there shall have been paid into 
the State Treasury a sum of said permanent endowment fund sufficient 
to pay ofi' any of the interest-bearing indebtedness of the State, it shall 
be the duty of the Treasurer of State to pay off and cancel such indebt- 
edness, and it shall be the duty of said Treasurer of State to continue 
to pay. off and cancel said interest-bearing indebtedness which may be 



200 SCHOOL LAW OF INDIANA. 

due, or which, by the terms of the contract creating such indebtedness,. 
may be paid off, whenever there is a sufficient sum of said permanent 
endowment fund in the State Treasury to pay off the same out of said 
permanent endowment fund. (2) 

4(j<>lc. Bond of State. It shall be the duty of the Treasurer of" 

State, immediately after paying off any of the interest-bearing indebted- 
ness of the State, as provided for in section 2 of this act, to make and 
issue to the trustees of said university and to their successors in office a 
non-negotiable bond of the State in an amount equal to the sum drawn 
from said permanent endowment fund and used in such payment. Said' 
non-negotiable bond shall be signed by the Governor and Treasurer of 
State, and attested by the Secretary of State and the seal of the State^ 
and be made payable in fifty years after date, at the option of the State, 
and said bond shall bear five per cent, interest from date until paid,. 
which interest shall be paid semi-annually on the first days of May and 
November of each year, and the same shall be applied to the current 
and extraordinary expenses of said university and be paid to the trustees- 
thereof, under the same rules and regulations as is now required by law 
in the payment of the revenues of said university. The non-negotiable- 
bonds provided for in this act, when executed, shall remain in the cus- 
tody of the Treasurer of State. (3) 

4661(1. Loans by State Auditor, That so much of said perma- 
nent endowment fund as shall not at any time be absorbed by the non- 
negotiable bonds of the State, as contemplated in this act, shall be 
loaned by the Auditor of State at six per centum interest, payable an- 
nually in advance, in real estate security ; and in making loans and* 
disbursing interest collected the Treasurer of State and the Auditor of 
State shall be governed by the law now in force regulating the manner 
of making loans of the university funds and paying out interest collected^. 
except as otherwise provided in this act. (4) 

466 le. Mortgages taken by State Auditor. It shall be the duty^ 
of the Auditor of State to make a complete record of every mortgage- 
and note executed on account of any loan from said permanent endow-- 
ment fund, in a book to be kept in his office for that purpose ; and, on- 
payment of any loan to said fund, said Auditor shall enter a record of 
satisfaction in full on the margin of the record of the mortgage in his 
office, and sign the same with his name ; and he shall also, in like man- 
ner, enter satisfaction in full on the face of the mortgage ; which mort- 
gage, when presented by the mortgagor, or any person holding title- 
under him, to the Recorder of the county wherin the land mortgaged is- 
situated, shall authorize the Recorder of said county to copy such entry 
on the record in his office. (5) 



SCHOOL LAW OF INDIANA. 201 

466 if. State may boiTOW fund. If at any time hereafter the 
State shall need the loan of any part, or of all, of said permanent en- 
dowment fund, the State shall be a preferred borrower of so much of 
said fund as shall not be loaned at the time But it shall be the duty 
of the Treasurer of State to cause to be executed, as an evidence of any 
rsuch loan, a non-negotiable bond of the State for the amount so bor- 
rowed, inlike manner as is provided in section 3 of this act : Provided, 
If at any time hereafter the said Indiana University shall be consoli- 
dated with any other educational institution or institutions of the State, 
•or shall be removed from its present location for any cause whatever, the 
fund raised under the provisions of this act shall be held and used for 
the benefit of such institution, as consolidated or changed, notwithstand- 
ing such change or consolidation whenever so removed or consolidated : 
Provided, further, That, after said date, no further appropriation shall be 
•made to said university. (6) 

[1855, p. 201. Approved and in force March 3, 1855.] 

4562. Trustees — Corporate uame — Officers— Towel's. The 

JBoard of Trustees of the State University shall be eight in number, of 
-whom not more than one shall reside in the same county, excepting the 
-county of Monroe, from which two may be selected. They, and their 
■successors, shall be a body politic, with the style of ' ' The Trustees of 
Indiana University;" in that name to sue and be sued; to elect one of 
their number president ; to elect a treasurer, secretary, and such other 
■officers as they may deem necessary ; to jjrescribe the duties and fix the 
•compensation of such officers ; to possess all the real and personal prop- 
<erty of such university for its benefit ; to take and hold, in their corpo- 
rate name, any real or personal property for the benefit of such institu- 
tion ; to expend the income of the university for its benefit ; to declare 
vacant the seat of any trustee who shall absent himself from two suc- 
■cessive meetings of the board, or be guilty of any gross immorality, or 
breach of the by-laws of the institution ; to elect a president, such pro- 
fessors, and other officers, for such university, as shall be necessary, 
:and prescribe their duties and salaries ; to prescribe the course of study 
.-and discipline, and price of tuition in such university ; and to make all 
iby-laws necessary to carry into effect the powers hereby conferred. (2) 

4563. Tlie first Trustees. The following persons, and their suc- 
«cessors, shall constitute said Board : Joseph S. Jenckes, of Vigo County ; 
-Joel .B. McFarland, of Tippecanoe County ; George Evans, of Henry 
County; William M. French, of Clark County; Ransom W. Aiken, of 
3Ionroe County ; Johnson McCollough, of Monroe County ; James E. 



202 SCHOOL LAV/ OF INDIANA, 

M. Bryant, of Warren County ; John I. Morrison, of Washington 
County ; three of whom shall serve for two years, two for three years.. 
and three for four years. (2) 

4564. Tke first meeting. The first meeting of said board shaE 
be held at the town of Bloomington on Monday, the second day .of 
April, 1855, when they shall determine, by lot, their several terms of 
service. (S) 

4565» Yacaiicies. Vacancies in said board, whether occasioned hj 
death, resignation, removal from the State, expiration of terms of ser- 
vice, or otherwise, shall be filled by the State Board of Education. (4} 

4566. Pay of Trustees. The Trustees of said University shall 
receive, when employed in the actual service of the university, the same 
pay as members of the General Assembly. (5) 

[1891, p. 65. Approved and in force March 3, 1891.] 

4566a. Trustees of Indiana ITniversity. The Trustees of Indi- 
ana University shall hereafter be elected for such terms of service, and 
in such manner, as is herein provided, and the terms of service of the 
trustees now in oflace, and of those hereafter elected, shall expire on 
the first day of July of the year in which such terms are to end. (1) 

45661). Trustees' terms expiring- 1891, successors. Successors- 
to three trustees whose terms of service expire in the year eighteen 
hundred and ninety-one (1891) shall be elected by the Alumni of the 
Upiversity at the College Commencement of the year 1891 ; one of the 
trustees so selected shall serve for one year, one for two years, and 
one for three years. At the first meeting of the Board of Trustees after 
July 1, 1891, the several terms of service of such three trustees shall 
be determined by lot. At the annual commencement of the year in 
which their terms-expire successors to such three trustees shall be 
elected by the Alumni of the University, each to serve for three years. 
When vacancies in the Board of Trustees arise, from the death, resigna-^ 
tion, removal from the State, expiration of term of service, or other- 
wise, of any of the three trustees to be elected in 1891, or any of their 
successors, such vacancies shall be filled by the Alumni. (2) 

4566c. Trustees' terms expiring 1893, successors. Successors 
to the two trustees, whose terms of service expire in 1893, shall be 
elected by the State Board of Education, and one of such two successors 
shall be elected for a term of two years, and the other for a term of 
three years. Successors to the three trustees, whose terms expire in 
1894, shall be elected by the State Board of Education, one for a term. 



SCHOOL LAW OF INDIANA. 203 

of two years, and the other two trustees for terms of three years. Suc- 
cessors to the five trustees herein provided to be elected by the State 
Board of Education shall be elected by said State Board of Education, 
each trustee so elected to serve for three years : Provided, That trus- 
tees elected by the Alumni, or the State Board of Education, to fill 
vacancies caused otherwise than by expiration of terms of service, shaB 
be elected for such unexpired terms only. When vacancies in the Board 
of Trustees arise from the death, resignation, removal from the State, 
expiration of term of service, or otherwise, of any of the five trustees, 
or their successors, herein provided to be elected by the State Board of 
Education, such vacancies shall be filled by said State Board of Edu- 
cation. (3) 

4566d. Registry of Alumni. A registry of the name and address 
of each alumnus of Indiana University residing in the State of Indiana 
shall be kept by the Librarian of said University, who shall correct such 
addresses when notified by the Alumni so to do. The Alumni of the 
University shall be those persons who have been awarded and on whoitr 
have been conferred any of the following degrees : Bachelor of Arts 
(A. B.), Bachelor of Letters (B. L.), Bachelor of Science (B. S.), 
Bachelor of Philosophy (B. Ph.), Bachelor of Laws (L. L. B.), Master 
of Arts (A. M.), Master of Science (M. S.), Doctor of Philosophy 
(Ph.D.). (4) 

4566e. Nomination of Trustees. Any ten or more Alumni may 
file with the Librarian of the University on or before the first day of 
April in each year a written nomination for the trustee or trustees to 
be elected by the Alumni at the next college commencement. Forth- 
with after such first day of April a list of all such candidates shall be 
mailed by said Librarian to each alumnus at his address. (5) 

4566f. Annual meeting of Alumni. The annual meeting of the 
Alumni for the election of trustees shall be held at the university on 
the Tuesday before the annual commencement day of said university, 
at the hour of nine o'clock A. M., at which meeting a trustee shall be 
elected to serve for three years from the first day of July of such year, 
and any trustee or trustees which the Alumni may be entitled to elect 
to complete any unexpired term or terms. (6) 

4566 g. Metliod of Toting by Alumni. Each Alumnus resident 
in the State of Indiana may send to said Librarian, over his signature,, 
at any time before the meeting of the Alumni for the election of sach 
trustee or trustees, the vote for such trustee or trustees which he 
would be entitled to cast if personally present at such meeting, which 
vote such Librarian shall deliver to such meeting to be opened and 
15 — School Law. 



S04 SCHOOL LAW OF INDIANA. 

<50unted at said election, together with the votes of those who are per- 
•sonally present ; but no person shall have more than one vote. The 
,p-erson or persons having the highest number of votes upon the first 
ballot shall be declared the trustee or trustees according as there may 
be one or more than one trustee to be elected : Provided, The votes re- 
ceived by said person, or by each of said persons, or at least fifty per 
-cent, of ail the votes cast. Otherwise the Alumni personally present 
at such meeting shall, from the two having the highest pluralities, elect 
a trustee, unless their pluralities shall aggregate less than fifty per cent. 
of the votes cast, in which case there shall be included in the number 
-of those to be voted for, so many of those coming after such two high- . 
•^st in order of pluralities as will bring the aggregate of such pluralities 
-£>f those to be voted for to fifty per cent, of the votes cast. (7) 

45661i. Repealing' sectiosi. All laws and parts of laws in conflict 
with this act are hereby repealed. (8) 

II R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

4561. Annual meeting". Said Trustees shall annually meet at the 
town of Bloomington at least three days preceding the annual comraence- 
snent of the University. (3) 

4568. Quorum — Temporary appointments. Five of such trus- 
tees shall constitute a quorum ; and, in case an emergency is declared 
hy the faculty, after there shall have been a called session at which the 
other members failed to attend, the trustees residing in the county of 
Monroe may fill vacancies in the faculty of the university and the 
J3bard of Trustees ; and, in case there should not be three trustees in 
tatteadance upon such emergency, then those that we in attendance, to- 
gether with such members of the faculty as may be in attendance, shall 
.fill such vacancies'; but appointments thus made shall expire at the next 
^Meeting of the board. (4) 

4569. Seminary towilsMp. The trustees of said university shall 
receive the proceeds of the sales and rents of the three reserved sections 
in the seminary township in Monroe County, and the same shall be paid 
to the treasurer of said trustees, on their order. (5) 

4510 Interest on loans. The interest arising from loans of the 
■ State University fund, as received at the State treasury, shall be paid 
■an the warrants of the Auditor of State ; such warrants to be granted 
■oa allowances made to the persons entitled thereto by the Board of 
Trustees, and duly certified by their secretary. (6) 



SCHOOL LAW OP INDIANA. 20£' 

4571. Faculty — Powers. The president, professors and instruct- 
ors shall be styled "The Faculty" of said university, and shall have 
power — 

First. To enforce the regulations adopted by the trustees for tise 
government of the students ; to which end they may reward and cen- 
sure, and may suspend those who continue refractory, until a deternai- 
nation of the Board of Trustees can be had thereon. 

Second. To confer, with the consent of the trustees, such literary 
degrees as are usually conferred in other universities, and, in testimony 
thereof, to give suitable diplomas, under the seal of the university and 
signature of the faculty. (7) 

4572. No religious qualification. No religious qualification shalB 
be required for any student, trustee, president, professor or other officer 
of such university, or as a condition for admission to any privilege in 
the same. (8) 

1. Students must submit to rules. A student is required to submit to 
any proper rule necessary for the good government of the institution. 82 Ind. 27S. 

2. Expulsion. A student can not be expelled for attending a public balL. 
32 Mo. App. 536. 

3. Qualifications foe. admission. The faculty can not make membershi|> 
of a Greek-letter fraternity or other college secret society a disqualification for 
admission. 82 Ind. 278. 

4. Race or color. Students can not be expelled on account of race o? 
color. 48 Ind. 327 ; 7 Nev. 342 ; 18 Mich. 400 ; 48 Cal. 36 ; 71 111. 383. 

4573. No sectarian tenets. No sectarian tenets shall be incul- 
cated by any professor at such university. (9) 

4574. County students. The trustees shall provide for the tui- 
tion, free of charge, of two students from each county in this State, to- 
be selected by the Board of County Commissioners. (10) 

Each county may send two students, free of tuition fees, to be instructed iTi- 
the Law Department, as well as any other department. McDonald v. HaginSj 
7 Blackf. 525. 

4575. Notice to counties. The secretary of the board shall no- 
tify the County Auditor of each county of the State whenever there 
shall not be in attendance at the university the number of students 
which such county is entitled to send free of tuition ; of which snob: 
Auditor shall notify the Board of Commissioners of such county'at its- 
next meeting. (11) 

4576. Treasurer's bond. The treasurer of the university shall 
give bond in a penalty, and with surety to be approved by such board, 
payable to the State, conditioned for the faithful discharge of his duties t 
which bond shall be filed with the Auditor of State. (12) 



206 SCHOOL LAW OF INDIANA. 

4577. Board of Visitors. The Governor, Lieutenant-Governor, 

Speaker of the House of Representatives, Judges of the Supreme 
Court, and Superintendent of Common Schools [State Superintendent 
of Public Instruction], shall constitute a Board of Visitors of the uni- 
wersity, and any three thereof a quorum. (13) 

4578. Tisitors not attending, to be reported. In case the 
members of such Board of Visitors fail to attend the annual commence- 
ment exercises of the university, the president of the Board of Trus- 
tees shall report such of them as are absent to the next General Assem- 
bly, in its annual report. (14) 

4579. Duties of visitors. Such Board of Visitors shall examine 
the property, the course of study and discipline, and the state of the 
:finances of the university, and recominend such amendments as it may 
■deem proper, the books and accounts of the institution being open to its 
inspection ; and it shall make report of its examination to the Governor, 
to be by him laid before the next General Assembly. (15) 

4580. Duties of Secretary. The secretary of the Board of Trus- 
tees shall keep a true record of all the proceedings of said board, and 
-certify copies thereof. He shall also keep an account of the students in 
the university according to their classes, stating their respective ages 
and places of residence, and a list of all graduates. (16) 

4581. Duties of Treasurer. The treasurer of said university 
shall — 

J<'irst. Keep true accounts of all money received into the treasury 
of said university, and of the expenditure thereof. 

Second. Pay out the same on the order of the Board of Trustees, 
certified by its secretary. 

Third. Collect the tuition fees due the same. 

Fourth. Make semi-annual settlements with the Board of Trustees. 

Fifth. Submit a full statement of the finances of the university,' and 
Ms receipts and payments, at each meeting of the Board of Trustees. 

Sixth. Submit his books and papers to the inspection of the trustees 
and visitors. (17) 

4582. Report to State Superintendent. The Board of Trus- 
tees, its secretary and treasurer, shall report to the Superintendent of 
Common Schools [State Superintendent of Public Instruction], all mat- 
ters relating to the university, when by him required. (18) 

4583. Lectures hj faculty. One member of the faculty, to be 
designated by a majority thereof, of which the secretary of the board 
shall be informed, shall, by himself or competent substitute, deliver a 



SCHOOL LAW OF INDIANA. 207 

public lecture on tli-e principles and organization of the university, its 
educational facilities (being careful not to disparage the claims of other 
institutions of learning in the State), in at least fifteen different coun- 
ties of the State, of which he shall give due notice ; and in a vacation 
of less duration than one month, a member of the faculty, to be desig- 
nated as aforesaid, shall deliver such lecture in at least three different 
•counties ; a brief statement of which lectures shall, by the persons de- 
livering them, be reported to the Board of Trustees, annually, to be by 
them incorporated in the annual report to the General Assembly ; but 
no two such lectures shall be delivered in the same county until all the 
counties of the State have been lectured in. (19) 

4584. Geological examinations and specimens. Such lecturers 
shall make such geological examinations and collect such mineralogical 
specimens as they may be able to make and procure ; a report whereof 
they shall make to the Board of Trustees, to be by it incorporated in 
its annual report to the General Assembly ; and such specimens, together 
-with those they may procure by voluntary donations, they shall deposit 
in a suitable room in the university buildings, to be fitted up for that 
purpose. (20) 

4585. Printing annual report. The Governor of the State shall 
order the printing, annually, of five thousand copies of the annual 
report of the Board of Trustees, twenty-five hundred of which shall be 
for the use of the members of the General Assembly, and twenty-five 
hundred for the faculty. (21) 

This report and the catalogues are printed by the State Commissioners of Pub- 
lic Printing. Acts 1885, p. 217, section 9. 

4586. Contents of report. Such report shall contain what is now 
included in the annual catalogue, with such other matters as may be 
deemed useful to the cause of education, connected with the univer- 
sity. (22) 

4587. Notice of sessions. The Board of Trustees, through its 
president, shall give at least one month's notice of the commencement 
of each session of the university, in at least one newspaper in the cities- 
of Indianapolis, Louisville, in the State of Kentucky, and in New 
Orleans, in the State of Louisiana. (23) 

4588. Buildings and repairs. The Board of Trustees shall, annu- 
ally, appoint a committee of its body to examine the university buildings 
and grounds adjacent, who shall report the kind and cost of repairs, if 
any are needed ; and one of the members of the faculty shall be ap- 
pointed to take care of such buildings and grounds. (24) 



208 SCHOOL LAW OF INDIANA. 

4589. Normal department. Such trustees shall establish a nor- 
mal department for instruction in the theory and practice of teachings 
free of charge to such young persons, male and female, residents of the 
State, as may desire to qualify themselves as teachers of common schools^ 
within the State, under such regulations as such Board of Trustees may 
make in regard to admitting to, kind, and time of delivery of lectures 
in such department, and the granting of diplomas therein ; and such 
regulations shall be incorporated in the annual report of the trustees to^ 
the General Assembly. (25) 

4590. Agricultural department. Such trustees shall also estab- 
lish an agricultural department in such university, under proper regu- 
lations, which shall likewise be set forth in their annual report, (26) 

[ 1857, p. 130. Approved March 7, 1857, and in force August 24, 1857.] 

4591. Scholarships transferable. All scholarships in the State 
University, issued for or founded upon subscription moneys paid by 
individuals toward the construction of the university buildings, or any 
of them, or the right to use said scholarships for any session or sessions 
of the college year in said institution, may be transferred or sold by the 
holders thereof for a valuable consideration. (1) 

[1861 S., p. 89. Approved and in force May 31, 1861.] 

4592. Perpetual scholarships. The contingent fee on perpetual, 
scholarships, issued by the trustees of the State University, shall not be- 
more than one dollar per session : Provided, That the trustees are 
hereby authorized to purchase said scholarships whenever, in their opin- 
ion, it is for the best interests of the university, at not more than 
ninety cents to the dollar, by giving notice in some newspaper published, 
in the town of Bloomington, that they are ready to purchase said schol- 
arships ; and, after the date of such notice, no person shall be entitled 
to any benefits under the provisions of said scholarships, except to sell 
the same, as is provided in this act. (1) 

[1861 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 

4593. Library. The State Librarian is directed to transfer from 
the State Library to the Library of the Indiana University a complete 
set of jurnals of both Houses of the Legislature, a copy of all laws^ 
enacted since the organization of the State, and of all reports from the 



SCHOOL LAW OF INDIANA, 209 

several departments of State, and of those received from other States, 
and from the general government, together with all other books and 
documents of which there are duplicates now in the State Library, or 
shall be hereafter received : Provided, That such books and documents 
can be spared without injurj'- to the State Library, and that such transfer 
be made without expense to the State. (2) 

. 4594. State Geologist. The State Geologist, while he holds his 
office, shall be regarded as a member of the faculty of the university ; 

and he is hereby directed, in his reconnoisances, to collect duplicate 
specimens of mineralogy and geology, and to deposit one set of the same 
in the cabinet of the State University. (3) 

[1 R. S. 1S52, p. 504, Approved June 17, 1&52, and in force May 6, 1853.] 

4595. Fimd, how derived — Loans. The University fund shall 
consist of the lands in Monroe and Gibson Counties, and the proceeds of 
sales thereof, and all donations for the use of such university, where 
the same is expressly mentioned in the grant, or where in such grant the 
term "University" only is used; the principal of which fund, when 
paid into the State Treasury, shall be loaned, and the annual interest 
thereon applied to the current expenses of the university, upon warrants 
drawn on the Treasurer of State by the Auditor of State, on the requi- 
sition of the Board of Trustees, signed by the president and attested by 
the secretary thereof. (28) 

4596. Auditor of State to loan— Duty, It shall be the duty of 
the Auditor of State to loan out such fund upon real estate security. 
He shall duly inform himself of the value of all real estate offered in 
pledge, and shall be judge of the validity of the title thereof; and any 
person applying for a loan shall produce to said auditor the title-papers 
to such real estate, showing title in fee-simple, without incumbrance, and 
not derived through any executor's or administrator's. sale, or sale on 
execution. (29) 

4597. Form of mortgage. The mortgage to be taken may be in 
the following form, in substance: (30) "^ 

I, A. B., of the county of , in the State of Indiana, do assign and transfer to 

the State of Indiana all [here describe the land], which I declare to be mortgaged for 
■the payment of dollars, ivith interest at the rate of seven per cent, per annum, pay- 
able in advance, according to the conditions of the note hereunto annexed. 

4598. Form of note. The note accompanying the same may be, 
in substance, as follows : (31) 



210 SCHOOL LAW OF INDIANA. 



I, A. B., promise to pay to the State of Indiana, on or before the day of — ^ 

the sum of , with interest thereon at the rate of seven per cent, per annum, in 

advance, commencing on the day of , 18 — , and do agree that, in case of 

failure to pay any installment of said interest, the said principal shall become due and 
collectible, together ivith all arrears of interest ; and on any such failure to pay principal' 
or interest when due, five percentum do.mages on the ivhole sum due shall be collected with 
costs, and the premises mortgaged may be forthwith sold by the Auditor of Public Accounts ' 
[Auditor of State], for the payment of such principal sum, interest, damages and costs. 

4599. Loans — Security. No greater sum than five hundred dol- 
lars shall be loaned to any one person out of such fund, nor shall the 
loan be for a longer period than five years ; and the sum loaned shall 
not exceed one-half of the appraised value of the premises to be mort- 
gaged, clear of all perishable improvements. The Auditor may reduce 
the amount to be loaned on any such valuation, when, for any cause, 
he may have reason to believe the same was not in proportion to the 
prices of similar property selling in the vicinity, such valuation to be 
made from the valuation of the same property in the assessment of the- 
State revenue. (32) 

4600. Interest. The rate of interest required shall be seven per 
cent, in advance, payable annually. On failure to pay any installment 
of interest when due, the principal shall forthwith become due ; and the 
note and mortgage may be collected. (33) 

This section was not repealed by the general interest law of 1879, fixing the 
rate at eight per cent. — State v. Carr, 111 Ind. 335. 

4601. Priority of mortgage. Such mortgages shall be consid- 
ered as of record from the date thereof; and shall have priority of all 
mortgages or conveyances not previously recoyded, and of all other liens 
not previously incurred, in the county where the land lies. (34) 

4602. Recording of mortgage. It shall be the duty of the Auditor 
to have such mortgages recorded with due diligence, the expense whereof 
shall be born by the -mortgagor, and may be retained out of the money 
borrowed. (35) 

4603. Certificate as to liens. The person applying for a loan shall 
file with the Auditor the certificate of the clerk and recorder of the county 
in which the land lies, showing that there is no conveyance of or incum- 
brance on said land in either of their ofiices. (36) 

4604. Abstract of title. Such person shall also, before he receives 
the money to be loaned, make oath to the truth of an abstract of the title 
to his said land, and that there is no incumbrance, or better claim, as he^ 
believes, upon said land. (37) 



SCHOOL LAW OF INDIANA. 211 

4605. Auditor's duty. On making any loan of such fund, the 
Auditor shall draw his warrant on the Treasurer in favor of the borrower ; 
and the Treasurer shall pay the same, and charge it to the proper fund. 
(38) 

4606. Payment. All loans refunded, and all interest, shall be paid 
into the State Treasury; and the Treasurer's receipt shall be filed with 
the Auditor of State, who shall give the payer a quietus for the amount 
thereof, and make the proper entries upon his books. (39) 

4607. Satisfactiou.' Whenever the amount due on any mortgage 
shall be fully paid, and the Treasurer' s receipt filed therefor, the Auditor 
shall indorse on the note and mortgage that the same has been fully 
satisfied, and surrender them to the person entitled thereto ; and on the 
production of the same, with such indorsement thereon, the recorder of 
the proper county shall enter satisfaction upon the record thereof. (40) 

4608. Loans, how collected. When the interest or principal of 
any such loan shall become due and remain unpaid, the Auditor shall pro- 
ceed to collect the same by a suit on the note, or by sale of the mortgaged 
premises, or both, as to him may seem most advisable. He may, also, 
by proper action, obtain possession of the mortgaged premises. (41) 

4609. Judgment. In case of suit on such note, and judgment 
thereon, no stay of execution or appraisement of property shall be 
allowed. (42) 

4610. Notice of sale. On failure to pay any interest or principal, 
when due on any such mortgage, the Auditor shall advertise the mort- 
gaged property for sale in one or more of the newspapers printed in this 
State, for sixty days — such sale to take place at the court house door in 
Indianapolis. (43) 

A failure to give notice, or to not give it the required length of time, renders 
the sale void. — Brown v. Ogg, 85 Ind. 234. Abbreviations may be used in the 
description. — Bansemer c. Mace, 18 Ind. 27. 

4611. Sale. At the time appointed for such sale, the Auditor and 
Treasurer of State shall attend ; and the Auditor shall make sale of so 
much of the mortgaged premises, to the highest bidder, for cash, as will 
pay the amount due for principal, interest, danaages, and costs of adver- 
tising and selling the same ; and such sales may be in parcels, so that the 
whole amount required be realized. (44) 

1. A sale for more than is due is void. — Brown v. Ogg, 85 Ind. 234. The 
auditor may act by deputy. — Bansemer v. Mace, 18 Ind. 27. 

2. It is not necessary to offer the mortgaged tract in parcels. — Bansemer ii. 
Mace, 18 Ind. 27. 



212 SCHOOL LAW OF INDIANA. 

4612. When Auditor to buy — lie-sale. In case no one will bid 
the full amouut due as aforesaid, the Auditor shall bid in the same, on 
account of the proper fund ; and as soon thereafter as may be, he shall 
sell the same to the highest bidder for cash, or on a credit of five years^ 
interest being payable annually in advance. (45) 

4613. Limit of bid — Overplus. The sale authorized in the pre- 
ceding section shall not be for less than the amount chargeable on such 
land ; but if for more, the overplus shall be paid to the mortgagor, his 
heirs or assigns. (46j 

4614. Statement of sale. The Treasurer shall attend and make 
a statement of such sales, which shall be signed by the Auditor and 
Treasurer, and, after being duly recorded in the Auditor's office, shall 
be filed in the Treasurer's office; and such record, or a copy thereof,, 
authenticated by the Auditor's or Treasurer's certificate, shall be re- 
ceived as evidence of the matters therein contained. (47) 

4615. Title in State, without deed. When any land is bid iu. 

by the State at such sale, no deed need be made therefor to the State ;; 
but the statement of such sale, and the record thereof made, as in the 
preceding section required, shall vest the title in the State, for the use 
of the fund. (48) 

4616. Sale for Cash — Certificate. In case of a sale of any such- 
land to any person for cash, on the production of the Treasurer's re- 
ceipt for the purchase money, the Auditor shall give to the purchaser 
a certificate, which shall entitle him to a deed for said land, to be exe- 
cuted by the Governor of this State and recorded in the office of the 
Secretary of State. (49) 

4617. Sale on Credit. In like manner, when any tract bid in by 
the State is sold on a credit, on the execution and delivery of a note 
and mortgage for the proper amount, as in other cases required, the 
purchaser shall be entitled to a deed for the same, to be made as pre- 
scribed in the preceding section ; and the transaction shall be entered, 
and appear upon the Auditor's and Treasurer's books as a payment of 
the sum bid, and a re-loan of the same to the purchaser, and the proper 
receipts and warrants shall pass therefor. (50) 

4618. Fees and damages. For the services of the Auditor and 
Treasurer in conducting such sales, they shall be entitled to receive five 
per cent damages, chargeable on such sales. (51) 

4619. Accounts — Reports. The Auditor and Treasurer shall keep 
fair and regular entries of the sums received and paid out on account 
of said fund, and shall include the same in their annual reports. (52) 



SCHOOL LAW OF INDIANA. 213 

4620. Accounts with borrowers. In addition thereto, the Audi- 
tor shall keep fair and regular accounts with the borrowers of said fund, 
and shall report the names of borrowers with his annual report. (53) 

4621. Interest, when loaned. Should any interest remain on 
hand, not wanted for the use of the university, the same may be loaned 
as other funds. (54) 

4622. Unsold lauds. The care and disposition of the lands be- 
longing to and for the use of said university, remaining unsold or unpaid 
for, shall be vested in the present commissioners of the reserved town- 
ships in the counties in which such lands may lie, who shall sell such as 
remain unsold, and such as are forfeited for non-payment, on such terms 
and under such regulations as the Board of Trustees of such university 
may provide ; except that, in every instance, the interest on the pur- 
chase-money must be paid in advance. No purchaser, his heirs or 
^assigns, shall have the right to cut down or destroy timber standing 
?ipon such land, other than for the erection of fences and buildings 
thereon, or for fire- wood to be used on the premises, and in fairly im- 
proving it for cultivation. (55) 

4623. Certificates of payment — Patent. On the first payment 
for any such land being made, the proj)er commissioner shall execute to 

^the purchaser a certificate therefor ; and, on final payment, the original 
<;ertificate shall be surrendered to the commissioner, and by him filed 
away, and he shall give to the purchaser two final certificates, stating 
the whole amount of principal and the whole amount of interest paid, 
one of which certificates shall be forwarded to the Auditor of State ; 
and on presentation of the other to the Auditor of State, if in all 
i;hings correct, he shall countersign the same, which shall entitle the 
owner to a patent, to be issued by the Governor for the land so paid 
for. (56) 

4624. Leases. Such commissioners may, from time to time, lease 
any such unsold improved land, for a term not exceeding one year, 
until the same can be sold ; and such leases shall be guarded against 
trespass and waste by proper covenants. (57) 

4625. Commissioners' report. Such commissioners shall make 
an annual report to the Board of Trustees of the lands remaining 
mnsold, such as are forfeited, such as are not fully paid for, the amount 

• due, and money collected from sale, as interest or principal ; which 
report shall be subscribed and sworn to by such commissioners, respect- 
ively, and be incorporated in the annual report of such board to the 
General Assembly. (58) 



214 SCHOOL LAW OP INDIANA. 

4626. Commissioners' duty. Money collected by such commis- 
sioners shall be paid over to the treasurer of the board, who shall exe- 
cute to such commissioners two receipts therefor, each specifying the 
persons from whom such money was collected, and the amount thereof, 
whether for interest or principal ; one of which receipts shall be imme- 
diately forwarded to the Auditor of State, to be by him used in his set- 
tlement with such treasurer. (59) 

4^27. Pay of Commissioners. Such board shall regulate the 
compensation of such commissioners. (60) 

4628. Patents, and recording. Patents for land sold shall be 
made by the Governor, and recorded in the office of the Secretary of 
State. (61) 

[1855, p. 201. Approved and in force March 3, 1855.] 

4629. Pay for managing fund. The Auditor of State and the 
Treasurer of State, for the management of the university fund, shall be^ 
jointly, entitled to receive five per centum upon the interest paid in on 
such fund ; and it shall not be lawful for them, or either of them, to 
make any other charges against the same. (7) 

4630. Extension of payments. The time for the final payments 
to be made by the holders of original certificates for the purchase of 
lands reserved and granted to the State University of Indiana, in the 
case of all such certificates as have heretofore been issued and are now 
outstanding, shall be extended for the further term of three years from 
the time when the same may, respectively, fall due. (8) 

4631. Forfeiture, how prevented. Any and all holders of such 
certificates, as aforesaid, who have forfeited such lands by the non-pay- 
ment of interest on the purchase-money, shall be exempted and released 
from such forfeiture by paying, to the commissioners of such lands, on 
or before the first day of August, in the year 1855, all interest due on 
the same, together with the interest upon the amount due at the time of 
such forfeiture up to the time of said payment ; and upon such payment 
being made, in the manner, and within the time herein specified, the 
holder of such certificate shall have the same rights under it as if such 
forfeiture had never occurred. (9) 

4632. Forfeited lands. If any portion of said lands now forfeited 
shall not have been redeemed on said first day of August next, as pro- 
vided in the preceding section, it shall be the duty of the commissioners 
of such reserved lands to sell the same for the best price they can obtain, 



SCHOOL LAW OF INDIANA. . 215' 

not less than the original purchase price, allowing the purchaser a credit 
on the same as now provided by law. If any of such lands shall here- 
after be forfeited, it shall be the duty of such commissioners, if the 
same be not redeemed within six months from the time of such for- 
feiture, to sell the same on the terms in this section above provided. 
For their services in eifecting such sales, the commissioners shall be 
entitled to retain, out of the first money received from the purchasers, 
five .per cent, upon the amount of the purchase price of such lands. (10} 

[1859, p. 234. Approved and in force March 2, 1859.] 

4633. Appraisement of lands. The Board of Trustees of the 
Indiana University shall cause to be appraised the land granted by the 
United States to the State of Indiana for the use of the said universityo. 

(1) „ • 

4634. Where filed and recorded. It shall be the duty of the 
said trustees, when the said appraisement shall have been made, to record 
the same upon their books, and to file a copy of the same in the ofiice of 
the Auditor of State, to be, by said Auditor, recorded in his office ; andy. 
also, to file copies of such appraisements of the lands in the respective 
counties in the office of the auditor of the county where the lands are 
situate, to be by said County Auditor recorded. (2) 

4635. Duty of County Auditors. The Auditor of each of the said 
counties shall, upon said appraisements being filed as aforesaid, and 
when required so to do by the said Board of Trustees, offer for sale so 
much of the said lands as may be within their respective counties at 
public auction, in the manner hereinafter mentioned. (3) 

4636. Notice of sale. Notice of the time, place, and conditions of 
such sale shall be given by publication, for four weeks successively in a 
newspaper published in such county, if any there be; if not, in a news- 
paper in this State published nearest thereto, and also by posting up 
written or printed notices thereof in three of the most public places in 
the township in which the lands are situated, and a like notice at the 
court house door at the county seat. (4) 

4637. Sale. The place of sale for said lands shall be at the court 
house in each county of this State in which the said lands may be situ- 
ated ; and it shall be the duty of the County Auditor to attend af the 
court house of his county at the time mentioned in the notice of the sale 
of said lands, and offer for sale at public auction, in legal subdivisions, 
and as near as practicable in half-quarter sections, all the lands lying 



■^Ib SCHOOL LAW OF INDIANA, 

within hie county ; and, for that purpose, he shall continue the sale from 
•day to day, until all of the said lands shall have been oifered for sale. 

4638. Terms of sale. The said lands shall be offered for sale at the 
time and place mentioned in such publication, and struck off to the 
iiighest bidder by said County Auditor and County Treasurer, for a price 
liot less than the appraised value thereof — one-fourth of the purchase 
-jBoney to foe paid in hand, and the remaining three-fourths at the expira- 
tion of ten years from the date of such sale, with interest annually in 
advance, at the rate of seven per cent, per annum, upon the residue or 
deferred j)ayment. (6) 



Private entry. When any of said lands, offered at public 
'Sale as aforesaid, shall remain unsold, they shall be subject to private 
«ei!.try with the County Auditor and County Treasurer of each county, 
,mpon th« same terms and conditions as lands sold at public auction, for 
ra sum not less than the appraised value thereof, by any person applying 
il-o enter the same. (7) 

4640. Certificate of purchase. When any sale shall be effected, 
.-either at public or private sale as aforesaid, the County Auditor shall 

rgive to the purchaser thereof a certificate, signed by him officially, bearing 
date on the day of sale, stating therein the name of the purchaser, the 
tract or tracts of land purchased by him, the number of acres contained 
in said tract or tracts, the price per acre, and the whole sum for which 
ithe same was sold, the amount of principal paid, and the amount of 
interest paid in advance. (8) 

4641. Certificate to be registered. Said certificate shall be 
registered by the County Auditor in a book provided for that purpose, 

;fcj entering in said book a correct copy thereof. (9) 

■'4642. Certificate assignable. Said certificates of entry shall be 
•■evidence of title to the land therein mentioned in the persons in whose 
names they shall issue, or their assigns, and shall be assignable, provided 
(SUch assignments be acknowledged before the Auditor of the county 
•wherein the land is situated (who is hereby authorized to take such 
;acknowledgments), and recorded by said Auditor in a book to be kept 
by him for that purpose ; for which service the said Auditor shall be 
-entitled to receive a fee of fifty cents, to be paid by the assignor of such 
.'Certificate. (10) 

464S. Forfeiture. On failure of any purchaser to pay any install- 
iment of interest on said deferred payment of purchase money when the 



SCHOOL LAW OF INDIANA. 21T 

8ame becomes due, the contract shall become forfeited, and the land 
shall immediately revert to the State for the use of said university, and 
the County Auditor shall forthwith proceed to sell the same in the man- 
ner and on the terms hereinbefore specified for said public sales, (ll)^' 

4644. Surplus. If, on such subsequent sale, such lands shall pro- 
duce more than is sufficient to pay the sum owing therefor, with interest 
and costs, and five per cent, damages upon the amount due on such. 
lands, the surplus shall, when collected, be paid over to the purchaser 
so forfeiting or his legal representative. (12) 

4645. Forfeiture, how prevented. At any time before such sub- 
sequent sale, payment of the sum due, with interest for the delay, and 
all costs, together with two per cent, damages upon the amount due &a. 
such lands, shall prevent such sale and revive the original contract. (18) 

4646. Land, how redeemed. The former owner of any lands 
sold as delinquent, his heirs, executors, or administrators, may, at any 
time within one year after such re-sale, redeem the same, by paying to- 
the purchaser, his heirs or assigns, or to the County Treasurer, for him 
or them, the amount of purchase money paid by such purchaser, to- 
gether with all subsequent payments, either of principal or interestj, 
which such purchaser, or those claiming under him, may have made 
thereon, with interest at the rate of ten per cent, per annum. (14) 

4647. Security. The Board of Trustees may require security 
from the purchaser at any of said sales, sufficient to prevent any waste 
being committed upon the lands by the removal of timber therefrom, on 
otherwise. (15) 

4648. Suit for waste. In case of any forfeiture as aforesaid, the' 
purchaser so forfeiting shall be liable, and may be sued, for unnecessary 
injury or waste done to such land, and damages to double the amoumt, 
of such injury or waste recovered therefor — such suit to be begun and 
prosecuted by the auditor of the county where the land lies, in the 
name of the State of Indiana, for the use of the said university. (1©): 

4649. Patent, on full payment. On full payment being made 
for any such land the County Auditor shall issue to the purchaser, or- 
his assignee, a final certificate therefor; which, upon presentation to- 
the Auditor of State, shall entitle the owner thereof to a patent for the 
land described therein, to be issued by the Governor and recorded in 
the office of the Secretary of State. (17) 

By an act of 1889 the trustees were authorized to sell certain lands in Eincf- 
gold County, Iowa, owned by the university, and to execute a deed therefor. Acts 
p. 255. 



218 SCHOOL LAW OF INDIANA. 

4650. Auditor's report. The County Auditor shall make, on the 
first Monday of each mouth, a report of his sales of said lands to the 
secretary of the Board of Trustees and to the Auditor of State, show- 
ing the date of sale, the description of the lands sold from time to time, 
the number of acres, the j)rice per acre, the total amount each tract 
sold for, the amount of principal paid and the amount of interest paid, 
and of all forfeitures, re-sales, and redemptions thereof. (18) 

4651. Treasurer's report. The County Treasurer shall make a 
report, on the first Monda.y of each month, to the treasurer of the 
Board of Trustees of the university and to the Treasurer of State, of 
all moneys received by him, whether principal or interest, on account 
of such lands ; and the said Board of Trustees shall require the books 
of their secretary and treasurer to be so kept as to exhibit the true con- 
dition of the accounts of all such purchases and sales of the said lands. 
(19) 

4652. To pay money to State Treasurer. The County Treas- 
urer shall, on the first Monday of each month, pay over to the Treasurer 
of State all sums received on account of the principal of the purchase 
money of said lands, and shall pay to the treasurer of the Board of 
Trustees of the university all sums received on account of the interest 
upon the purchase money of the said lands. (20) 

4653. Pay of Auditor and Treasurer. The several County 
Auditors and Treasurers shall receive for their services the same com- 
pensation which may, from time to time, be allowed by law for similar 
services in relation to the sale of common school lands, which shall be 
in full for all their services required by this act. (21) 

4654. Loans. The Auditor of State shall loan out the said prin- 
cipal of the moneys received from the several County Treasurers on 
account of said sales, in the same manner, and requiring the same se- 
curity, as other portions of the university fund is now or may hereafter 
be required by law to be loaned out, and shall pay over to the treasurer 
of the Board of Trustees the interest derived from said principal, as a 
part of the income of the university. The said Auditor of State shall, 
in his annual report to the Legislature, report the names of the bor- 
rowers of the whole of the university fund, the amount borrowed by 
each, and the total amount on loan at the date thereof, and the amount 
.of the suspended debt, if any, and in whose name forfeited. (22) 

4655. Disposition of proceeds. Of the first proceeds of said 
Bum, the said Board of Trustees shall be entitled to receive an amount 
equal to the amount of interest belonging to the university and loaned 



SCHOOL LAW OF INDIANA. 219 

out as principal by the Auditor of State, as shown by the report of that 
fScer to the General Assembly at the session of 1851-2; which shall 
be paid to the treasurer of the Board of .Trustees of the university, 
and be applied, under the order of the Board of Trustees, to the dis- 
charge of the debts growing out of the rebuilding of the university, and 
to the purchase of a suitable library, philosophical apparatus therefor, 
)!• proper furniture, in place of those destroyed by the burning of the . 
niiversity. (23) ' . ' 

4656. Beport of sales. The Board of Trusees shall, in their 
annual report, include a full statement of the amount of the sales of 
such lands, and the application of the funds received therefor, as 
reported to them, from time to time. (24) 

4657. One Trustee to attend sales. One member of the Board 
of Trustees, to be designated by the board, shall attend to the public 
sales of the said lands, to prevent combinations injurious to the interests 
■of the university ; and he shall have power to withdraw the said lands, 
•or any portion thereof, from sale, when, in his judgment, the interests 
of the univei'sity would be thereby promoted, and shall have the power 
and right to designate and determine in what sub-divisions any of the 
said lands may be sold, at the time of said public sale, for the best 
Interests of the said university. (25) 

4658. No member to deal in the lands. No member of the Board 
■of Trustees of the university shall, either directly or indirectly, become 
the purchaser of any such lands at any sale made by the County 
Auditor, or by private entry with the Auditor, after any forfeiture of 
purcljase ; and any sale made to any member of the said board, contrary 
to the provisions of this section, shall be absolutely void, and the pur- 
-chase-money, and interest which may have been paid thereon, shall be 
forfeited to the university fund. (26) 

4659. Trustees to get information. The commissioners of the 
university lands in Gibson and Monroe counties, and the several County 
Auditors and Treasurers of the counties in which any of the university 
lands are situated shall furnish such information in relation to the lands 
and other property of the university, as may, from time to time, be 
required of them by the said Board of Trustees, and shall, report, annu- 
ally, the amount of unpaid purchase-money due on the lands sold for the 
use of the said university, in each of their counties. (27) 



16 — School Law. 



SCHOOL LAW OF INDIANA. 

[1867, p. 20. Approved and in force March 8, 1867.] 

Annual appropriation. There shall be appropriated, out 
of the State Treasury, the sum of eight thousand dollars, annually^ 
hereafter, to be paid semi-annually, commencing on the thirty-first dajr 
of March, 1867. The same shall be paid out of said treasury, upon the 
warrants of the Auditor of said State, as the interest upon said univer-; 
sity fund is now paid out. (1) 

[1873, p. 17. Approved and in force February 19, 1873.] 

4S61. Anmial appropriation. There shall be appropriated, out 

of the State Treasury, fifteen thousand dollars, annually, hereafter, for 
the use of said Indiana University, additional to the amount appro- 
priated therefor, by the act of March 8, 1867, to be paid semi-annually,, 
commencing on the thirtieth day of September, 1872. The money 
hereby appropriated shall be paid out of said treasury, upon the war- 
rants of the Auditor of State, as the interest upon the said university 
fund is now paid out. (1) 

1. The two foregoing sections are repealed after the fiscal j'ears of 1895-6^ 
See section 46772:. 



PURDUE UNIVERSITY. 

[1865, p. 106. Approved and in force March 6, 1865.] ^ 

4^62. Agricultnrai college scrip. The State of Indiana accepts- 
and claims the benefits of the provisions of the acts of Congress^ 
approved July 2, 1862, and April 14, 1864, and assents to all the coh- 
ditions and provisions in said acts contained. (1) 

1. The acts of Congress referred to in this section will be found in the act& 
of 1865, (p. 106), set out at length in the preamble. 

4063. The first Trustees, and original name. The Governor 
of this State, for the time being, and Alfred Pollard of Gibson, Smith 
Vawter of Jennings, Henry Taylor of Tippecanoe, and Lewis Burk of 
Wayne, and their successors, are created a body corporate, under the 
name of "The Trustees of the Indiana Agricultural College." (2) 

4664. Sale and investment of scrip. Said trustees shall, by the 

hand of their treasurer, claim and receive from the Secretary of the 
Interior the land scrip to which this State is entitled by the provisions 
of said acts of Congress ; and, under their direction, said treasurer shall 
sell the same, in such manner and at such times as shall be most advan- 
tageous to the State, and shall invest the proceeds thereof, and any inter- 
est that may accrue thereon, in the stocks of the United States, or of 



SCHOOL LAW OF INDIANA. 221 

ihis State, yielding not less than five per centum per annum, upon the 
par value of the stocks ; and said principal and interest shall continue 
io be so invested, until further provision shall' be made by the General 

(Assembly of this State for fulfilling the requirements of said acts of 

■^C^ongress. (5) 

[1869 S., p. 24. Approved and in force May 6, 1869.] 

4665. Donations accepted. The donation oflfered by John Pur- 
due, as set forth and communicated to the present General Assembly in 
the message of the Governor, on the sixteenth day of April, 1869, and 
the donations offered by the county of Tippecanoe, the trustees of the 
Battle-Ground Institute, and the trustees of the Battle-Ground Institute 
•of the Methodist Episcopal Church, as set forth and communicated to 
the General Assembly, at its last session, in the message of the Gov- 
ernor, of the twenty-seventh day of January, 1869, are hereby accepted 
-by the State of Indiana. (1) ■ 

4666. Location. The college contemplated and provided by the 
.act of Congress, approved July 2, 1862, entitled "An act donating pub- 
lic lands to the several States and Territories which may provide Col- 
leges for the benefit of Agriculture and the Mechanic Arts," is hereby 
located in Tippecanoe County, at such point as may be determined be- 
fore the first day of January, 1870, by a majority vote of the trustees 
-of the Indiana Agricultural College ; and the faith of the State is 
hereby pledged that the location so made shall be permanent. (2) 

4667. Purdue University — Permanent name. In consideration 
".of said donation by John Purdue, amounting to one hundred and fifty 
thousand dollars, and of the further donation of one hundred acres of 
land appurtenant to the institution, and on condition that the same be 
made effectual, the said institution, from and after the date of its loca- 
tion as aforesaid, shall have the name and style of "Purdue Univer- 
sity" ; and the faith of the State is hereby pledged that said name and 
style shall be the permanent designation of said institution, without ad- 
dition thereto or modification thereof. (3) 

4608. Corporate name— Powers and duties of Ti'ustees. From 
and after the date of the location made as aforesaid, the corporate name 
of the trustees of the Indiana Agricultural College shall be "The 
Trustees of Purdue University" ; and they shall take in charge, have, 
hold, possess, and manage, all and singular, the property and moneys 
comprehended in said donations, as also the fund derived from the sale 
of the land scrip donated under said acts of Congress, and the increase 



222 SCHOOL LAW OF INDIANA. 

thereof, and all moneys or other property which may hereafter at any 
time be donated to and for the use of said institution. They shall also 
"have power to organize said university in conformity with the purposes- 
set forth in said acts of Congress, holding their meetings at such times- 
and places as they may agree on, a majority of their number constitut- 
ing a quorum. They shall provide a seal ; have power to elect all pro- 
fessors and teachers, removable at their pleasure ; fix and regulate com- 
pensations ; do all acts necessary and expedient to put and keep said 
university in operation; and make all by-laws, rules, and regulation? 
required or proper to conduct and manage the same. (4) 

1. Students must submit to rules. A student is required to submit tc 
any proper rule necessary for the good government of the institution. 82 Ind^ 
278. 

2. Espui^iON. — A student can not be expelled for attending a public ball, 
32 Mo. App. 536. 

3. Qualifications for admission. The faculty can not make membership 
of a Greek-letter fraternity or other college secret society a disqualification for 
admission. 82 Ind. 278. 

4. Race or color. Students can not be expelled on account of race or 
color. 48 Ind. 327; 7 Nev. 342; 18 Mich. 400; 48 Cal. 36; 71 111. 383. 

[Approved and in force February 17, 1893.] 

4668a. The trustees of Purdue University are hereby empowered 
to dedicate for a public street, adjoining the town of West Lafayette^. 
Indiana, a strip of land thirty feet in width, and described as follows t. 
beginning at the southeast corner of the lands owned by said universityy 
and running thence north along the east side of said university lands tO' 
the State road, a distance of about thirteen hundred and fifty feet. (1)> 

4668b. That the trustees of Purdue University are hereby empow- 
ered to dedicate for public streets such strips of lands extending througb 
or along the grounds owned by said university as they may deem for the 
best interest of said university. (2) 

4668c. An emergency exists for the immediate taking efiect of thif 
act, it shall be in force from and after its passage. (3) 

4669. Privileges of John Purdue. In further consideration of 
his said donation, John Purdue shall, from and after the taking effect of 
this act, be added as a member of said trustees of the Indiana Agricul- 
tural College, and he shall also be a member of said trustees of Purdue 
University. Should he, at any time, cease to be such member, he shall 
be continued as an advisory member of said trustees ; and he shall., 
during his lifetime, have visitorial power, for the purpose of inspecting: 



SCHOOL LAW OF INDIANA. 22^ 

the property, real and personal, of said university, recommending to the 
trustees such measures as he may deem necessary for the good of the 
university, and investigating the financial concerns of the corporation. 
And he is authorized to make report of his examination, inspection, and- 
inquiries, to the General Assembly,~at any session thereof. (5) 

4670. Amendment or repeal. This act shall be subject to future 
amendment or repeal, except so far as it provides for the acceptance of 
donations, the location of the college, the name and style thereof, and 
the rights and privileges conferred upon John Purdue. (6) 

[1875, p. 120. Approved March 9, 1875, and in force August 24, 1875.] 

4671. Appointment of Trustees. Upon the taking effect of this 
act, it shall be the duty of the Governor of this State to appoint six 
trustees for the Purdue University, two of whom shall be nominated hy 
the State Board of Agriculture, one by the State Board of Horticulture^ 
and three selected by the Governor himself — each of said trustees to be- 
appointed from a different congressional district from the others, except 
that two may be appointed from the same congressional district in which 
said university is situate. (1) 

4672. Term of office. The persons so appointed shall constitute 
the Board of Trustees of said university, and shall hold their offices as 
follows : Two members of the first board shall hold their offices for one 
year and until their successors are appointed ; two for two years, and two 
for three years ; and at the expiration of the term of office of any of the 
members of the first or any subsequent board, their successors shall be 
appointed in like manner, and with like nomination, as provided in thi& 
act, to hold their ofiices for the term of three years, and until their suc- 
cessors are appointed. (2) 

4673. Vacancies, how filled. If, from any cause, a vacancy occur 
in said board, the same shall be filled, by appointment, to fill the unex' 
pired term, the person appointed to fill such vacancy being nominated 
and appointed, or appointed, in the same manner as his predecessor had 
been at the commencement of such term. (3) 

[1891, p. 34. Approved and in force February 26, 1891.] 

4674. Officers— Treasurers' bond and duties. Said trustees 
shall, at their first meeting after their appointment, and every two years 
thereafter, choose a president of said board ; and they shall, at such 
meeting, and every two years thereafter, and whenever a vacancy 



'224 SCHOOL LAW OF INDIANA. 

occurs, elect, by ballot, a secretary and treasurer, neither of wliom shall 
be a member of the board whose compensation shall be fixed by the 
trustees. The said treasurer shall give such bond to the State of Indiana, 
in any sum not less than fifty thousand dollars, for the faithful execution 
of his trust, with sufficient sureties as said trustees may require ; and he 
shall receive, take charge of, and, under the direction of said trustees, 
manage all [the] stocks and funds belonging to said university. (4). 

[1877, S. p. 60. Approved and in force March 12, 1877.] 

4675. County students. The Board of Commissioners of each 
county in this State may appoint, in such manner as it may choose, two 
students, or scholars, to Purdue University, who shall be entitled to 
enter, remain, and receive instruction in the same, upon the same con- 
ditions, qualifications and regulations prescribed for other applicants for 
-admission to, or scholars in, said university : Provided, however, That 
every student admitted to said university by appointment, by virtue of 
this act, shall in nowise be chargeable for room, light, heat, water, 
tuition, janitor or matriculation fees ; and said student shall be entitled, 
in the order of admittance, to any room in the university then vacant 
and designed for the habitation or occupancy of a student ; and such 
student so admitted shall have prior right to any such room, subject to 
the rules of the university, over any student not appointed and admitted 
as aforesaid. (1) 

4676. Students. No more than two students at the same time 
from any one county shall be entitled to admittance to said university, 
under the provisions of this act. But the Board of Commissioners of 
each county may, from time to time, appoint, as aforesaid, to any va- 
cancy in its appointments. (2) 

[1881 S., p. 585. Approved and in force April 14, 1881.] 

4677. Inyestment of fund. The trustees of Purdue University, 
lay their treasurer, are hereby authorized, on or after the first day of 
April, 1881, to surrender to the Treasurer of State the bond executed 
to said university by the State of Indiana, bearing date April 1, 1878, 
and payable, in the sum of two hundred thousand dollars, on April 1, 
1881 ; and a like bond executed by the State to said university, dated 
April 1, 1879, and payable, in the sum of one hundred and twenty-five 
thousand dollars, on April 1, 1884; and also to pay, out of the proceeds 
of the United States five per cent, bonds now held by said university 
(which said trustees are hereby empowered to sell), the sum of fifteen 
thousand dollars to said Treasurer of State ; who, thereupon, is hereby 



SCHOOL LAW OF INDIANA. 225' 

directed to issue and deliver to said treasurer of Purdue University a 
non-negotiable bond of the State of Indiana, to be signed by the Gov- 
ernor and State Treasurer, and attested by the Secretary of State and 
the State seal (the same to be dated April 1, 1881, and payable, twenty 
years after its date, to the trustees of Purdue University and their suc- 
cessors, with interest at the rate of five per cent, per annum, payable 
quarterly after date of the bond), all for the use of Purdue University 
— said bonds surrendered, and fifteen thousand dollars paid, constitut- 
ing the endowment fund of said university derived from the gift of the 
United States (1) 

[1889, p. 351. Approved and in force March 9, 1889.] 

4677a. Gift to establisli Institute of Technology. Whenever 
any individual or individuals shall give, donate or bequeath a sum of 
money or other valuable property for the purpose of establishing an In- 
stitute of Technology or other special schools in connection with Purdue 
University in and on the grounds of said university, the trustees of said 
university are hereby authorized and empowered to accept such dona- 
tion, gift or bequest for and on behalf of the State of Indiana for such 
institute on such terms as may be agreed upon by and between such 
trustees and said donor or donors or devisior [devisor] ; and the said 
trustees are hereby authorized to establish, maintain and operate such 
an institute in connection with Purdue University : Provided, That such 
Institute of Technology shall be freely open to students upon the same 
terms upon which Purdue University is open to students. And, pro- 
vided. That nothing in this act shall enable or authorize said trustees to 
make any contract with said donor or donors by which any debts shall 
be created beyond or above current legislative appropriations to the 
university. And, provided further, That the terms upon which such do- 
nations are received and accepted shall not be effective unless the same 
are endorsed and approved by the Governor of the State of Indiana. 

[1889, p. 273. Approved March 9, 1889, and in force May 10, 1889.] 

46771). Farmers' Institutes. It is hereby made the duty of the 
Commtttee of Experimental Agriculture and Horticulture of the Board 
of Trustees, together with the faculty of tlie School of Agriculture of 
Purdue University, to appoint, before November 1st of each year, suit- 
able persons to hold in the several counties of this State, between the 
1st day of November and the 1st day of April of each year, county 
institutes for the purpose of giving to farmers and others interested 
therein instructions in agriculture, horticulture, agricultural chemistry 
and economic entomology. 



226 SCHOOL LAW OF INDIANA. 

4671c. Time and place of holding Institutes. Such institutes 
shall be held at such times and places as said committee and faculty may 
'•determine, and under such rules, regulations and methods of instruction 
•as they may prescribe : Provided, however, That such institutes shall be 
so conducted as to give those attending the results of the latest investi- 
gations in theoretical and practical agriculture and horticulture. . (2) 

46TId. Appropriation. Fdr the purpose of carrying out the pro- 
visions of this act, paying the salaries of instructors and other necessary 
expenses, the sum of five thousand dollars is hereby appropriated, to be 
expended under the direction of the said committee of said Board of 
Trustees, and they shall annually report such expenditures and the pur- 
poses thereof to the Governor. (3) 

1. This appropriation is repealed after the Jniy apportionment of 1896. 

[1891, p. 483. Approved and in force March 7, 1891.] 

4fi77e. Acceptance of United States grant. Whereas, an act 
sof Congress, approved August 30, 1891, entitled an act to apply a por- 
tion of the proceeds of the public lands to the more complete endow- 
ment and support of the colleges for the benefit of agriculture and the 
mechanic arts, established under the provisions of an act of CongreBS, 
:approved July 2, 1862, provides, among other things, that the grants 
■of moneys, authorized by this act, are made subject to the legislative as- 
sent of the several States and Territories to the purpose of said grants : 
Provided, That the payments of such installments of the appropriation 
lierein made, as shall become due to any State before the adjournment 
of the regular session of the Legislature meeting next after the passage 
of this act, shall be made upon the assent of the Governor thereof, duly 
certified to the Secretary of the Treasury ; therefore, 

Be it resolved by the State of Indiana, That the legislative assent be, and 
the same is hereby, given to the purpose of said grant, and Purdue 
University is hereby designated as the agricultural college entitled to 
the said grant. 



TAX FOR INDIANA AND PURDUE UNIVERSITIES AND 
»^TATE NORMAL SCHOOL. 

[189o, p. 171. Approved and in force March 8, 189o.] 

467 7f. Amount of tax-- Division. There shall be assessed and 
levied upon the taxable property of the State of Indiana, in the year 
one thousand, eight hundred and ninety-five (1895), and in each year 
thereafter, for the use and benefit of the Indiana University, Purdue 



SCHOOL LAW OF INDIANA. 226 a 

TJniversity, and the Indiana State Normal School, to be apportioned and 
distributed as hereinafter in this act provided, a tax of one-sixth (^) of 
one mill on every dollar of taxable property in Indiana, to be levied, 
assessed, collected and paid into the treasury of the State of Indiana in 
like manner as other State taxes are levied, assessed, collected and paid. 
And so much of the proceeds of said levy as may be in the State Treas- 
ury on the first day of July and the first day (f January of each year,, 
shall be immediately thereafter paid over to the Boards of Trustees of 
the respective institutions for which the tax was levied, to be distributed 
and apportioned among them severally upon the basis as follows, viz. : To 
the said Trustees of Indiana University vipon the basis of one-fifteenth 
(1-15) of one mill; to the Trustees of Purdue University upon the basis 
of one-twentieth (1-20) of one mill, and to the Trustees of the Indiana 
State Normal School upon the basis of one-twentieth (1-20) of one mill 
on every dollar of taxable property in Indiana, and the Auditor of State 
of the State of Indiana is hereby directed to draw a proper warrant 
therefor. (1) 

467 7g. Kepeal of General appropriation — Permanent fund 
not affected. All moneys due said institutions respectively, in accord- 
ance with any State law heretofore enacted, or that may hereafter be 
enacted, making annual appropriations thereto for maintenance, shall 
be paid to the respective institutions for the fiscal year 1895-6 and not 
thereafter. It being the intent that the moneys appropriated by the 
first section of this act shall from and after the date of the first payment 
thereof be paid in lieu of the moneys described in this section Provided, 
That nothing in this act shall affect in any way any permanent fund 
that may belong to or may have been appropriated for either the 
Indiana University or Purdue University, named in this act, and that 
the proceeds of this tax accruing to Indiana University shall be used for 
maintenance. And provided further, That no part of the school revenue 
for the State shall be deducted or set apart to the Normal School fund" 
after the July apportionment for the year one thousand eight hundreti 
and -ninety-six (1896). (2) 

1. The effect of the two preceding sections is to repeal section 4556 after the 
July apportionment of 1896; and to repeal, after the fiscal year 1895-6, the appro- 
priation of two thousand dollars provided in section 4558. 

2. These sections do not repeal sections 4661a to 4661f, providing for an en- 
dowment fund for the State University ; but it does repeal, after the fiscal year 
1895-6, sections 4660 and 4661, making annual appropriation for the University, 

o. The appropriation of five thousand dollars provided for by section 4677dl 
is repealed after the July apportionment of 1896. 



STATE LIBRARY. 

[1895, p. 234. Approved March 11, 1895. In force ,1895.] 

401 71l. Manaj^ement. The management and control of the State 
Library shall be vested in the State Board of Education, which shall 
constitute, for library purposes, the State Library Board. (1) 



226b SCHOOL LAW OF INDIANA. 

4677i. Election of Librarian. The State Library Board shall 
before the first day of A})ril in the year of 1897, elect a State Librarian, 
whose term of office shall begin April 1, 1897, and who shall serve until 
his successor is elected by the said State Library Board. (2) 

4677J. Term of oiiice. The term of ofiice of the State Librarian 
shall be' two years, and he shall appoint his assistants by and with the 
advice and consent of the State Library Board. (3) 

4677k. Bond of Librarian. The Librarian shall, before entering 
on his duties, give bond and security, to the acceptance of the Secretary 
of State, in the penal sum of two thousand dollars ; which bond shall 
be filed in the ofiice of the Secretary of State. (4) 

4077L Library — Wlien to be open. The library shall be kept 
open every day (Sunday, Fourth of July and other legal holidays ex- 
cepted) during the session of the Legislature from nine o'clock until 
six, and, during the recess, from nine o'clock until four. (5) 

4677m. Removal of books forbitlden. The State Librarian shall 
not permit any book, magazine, or work of any kind, to be taken from 
the library rooms, except temporarily, by the Judges of the Supreme 
Court of the State of Indiana, of the United States Court, ofiicers of 
the State, members and ofiicers of the General Assembly, when required 
in the discharge of their official duties. But in no case shall any such 
book, magazine or work, be taken outside of the Capitol building. (6) 

4677n. Who may use library. Said library shall be for the use 

of the members and officers of the Legislature, all State officers, judges 
■of the courts of the United States and of this State, attorneys, edi- 
tors, clergymen, physicians, professors, and teachers in literary or scien- 
tific institutions, Superintendent of Public Instruction, members of the 
State Board of Agriculture, officers of benevolent institutions. Clerk 
of the Supreme Court, County Clerks, Treasurers and Recorders, and 
all other persons who have been at any time entitled, by law, to the use 
of such library, and such strangers as the Librarian may be willing to 
intrust with books at his own risk, when any of them shall be at the seat 
of government. (7) 

4677o. Use not transferable — Penalty, It shall not be lawful 

for any one having the use of the library to cause or permit another not 
having such use to draw books, except for the use of the persons first 
mentioned. Any person so oifending shall be liable to a penalty of five 
dollars for each offense. (8) 

467 7p. Catalogue. The Librarian shall keep proper books, in 
which he shall make entry of all books taken out, designating the names 
of the individuals taking the same ; also, of books returned, and of all 
fines and penalties assessed and collected under the provisions of this- 
act. He shall also keep a complete catalogue of the library, and shall, 
from time to time, add thereto all books purchased, and erase therefrom 
.all books lost or destroyed. (9) 

4677q. Fines. The Librarian shall collect all fines and forfeitures 
accruing to the State Library, by suit or otherwise, and pay the same to 



SCHOOL LAW OF INDIANA. 226 C 

the Treasurer of State, taking his receipt, and filing the same in the 
office of the Auditor of State, who shall charge the same to account of 
Treasurer of State, for the use of library. (10) 

4677r. Purcliasiiig Board — Appropriation. The State Librarj 
Board shall be, and is hereby, constituted the Purchasing Board of the 
State Library. The State Librarian shall act as Secretary of said Board 
and preserve minutes of their meetings and their official actions. Any 
three members of said Board shall constitute a quorum for the transac- 
tion of business. It shall be the duty of said Purchasing Board to de- 
cide what books, maps, charts and other instruments of knowledge shall 
be purchased for said library ; to supervise and direct the expenditure 
of all appropriations for the purchase and binding of books, and to re- 
port biennially to the Legislature the condition and wants of the library. 
It shall not be lawful for the Librarian to make any purchase of books, 
maps, charts or any other instruments of knowledge, except on the di- 
rection of said Purchasing Board. There is hereby appropriated, to be 
paid out of the general fund of the State Treasury, the sum of one 
thousand dollars annually, to be exjDended during the year beginning 
April 1, 1895, for the purchase and binding of books for the State Li- 
brary. (11) 

4617s. Laws and law books. All laws and law books and all 
legislative Journals and documents shall be kept separate from the rest 
of the library. (12) 

4677t. Collection and binding of documents. The Librarian 
shall collect annually and preserve duplicate copies of the messages of 
the President of the United States and of the Governors of the States ; 
report of heads of departments of the general and State governments, 
of the committee of ways and means of the several States, and of the 
committees of Congress on general subjects ; also copies of the reports 
and proceedings of public societies for the promotion of agriculture, the 
mechanic arts, history and literature, all of which may be bound,. (13) 

4677n. Preservation of laws and journals. The Librarian 
shall select from the journals and laws belonging to the State twenty 
copies of the journals of the House for each year, ten copies of the 
journals of the Senate, ten copies of the documentary journals, thirty 
copies of the general laws and fifteen copies of the local laws for each 
year, and keep tlie same for use in the library ; and shall carefully pre- 
serve, in books or otherwise, all remaining copies of the same. (14) 

4677v. Legislative papers. The Librarian shall have charge of 
the Legislative papers, which shall be delivered to him at the close of 
each session, by the Secretary of the Senate and the Clerk of the 
House, and shall keep in good order all bills introduced in either 
branch of the (sreneral Assembly, all petitions, memorials and remon- 
strances, each in its appropriate files, keeping the files of each House 
separately. (15) 

4677w. Excliailges. The Librarian may exchange, for the bene- 
fit of the State Library, any duplicate, imperfect, damaged or other 
work not wanted for use in the library. The Librarian may also, with 
the consent of the State Library Board, sell such works for the benefit 



226 d SCHOOL LAW OF INDIANA, 

of the State Library. The Librarian shall keep an accurate account of 
all exchanges and sales, stating what books have been parted with and 
what received, what sold and for what price, and report the same to the 
Legislature at each session. He shall be charged and account for all 
books received in exchange and all moneys received for sales. (16) 

4677x. Embezzlement. If the Librarian shall appropriate to his 
own use or dispose of any of the books in the law or any other depart- 
ment of the State Library, or the proceeds of any exchanges or sales of 
books, or knowingly make any false reports thereof, contrary to the pro- 
visions of this act or the act to which it is an amendment, he shall be 
deemed guilty of a misdemeanor and fined not less than five nor more 
ihan one thousand dollars, and shall forfeit and be deprived of his office. 
(17) 

4677y. Missing books. It shall be the duty of the Librarian, in 
his annual report, to report the names of those who have obtained books 
from the library during the current year and have not returned them, 
and also the titles of the works not returned. (18) 

4677z. Salaries. The salary of the State Librarian shall be fifteen 
hundred dollars per year. He shall appoint two assistants ; the salary 
-of the first assistant shall be eleven hundred dollars per year, and the 
salary of the second assistant shall be nine hundred dollars per year, 
and one janitor, whose salary shall not exceed six hundred dollars. (19) 

4677aa. Report. The Librarian shall report, at each session of 
the Legislature, the condition of the library, and a statement, by items, 
of expenditures made under this act. (20) 

467 7bb. The State Library Board shall have the power to remove, 
for cause, at any time, the State Librarian or any assistant employed in 
the library or any assistant employed in the Librarian's office. (21) 

467 7cc. Removing books— Misdemeanor. Any person guilty 
of a violation of the provisions of the preceding sections shall be 
deemed guilty of a misdemeanor, and shall, upon conviction thereof, be 
fined in the sum of twenty-five dollars. (22) 

4677dd. Injury to books — Penalty. Any person injuring a book 
shall be liable for three-fold damage ; and if the book injured or lost be 
one volume of a set he shall be liable for the whole set, but on paying 
for the same he may take the broken set. (23) 



SCHOOL BOOKS. 



[1889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.] 

4421b. State Board of Education a Board of School Book Com- 
missioners. The State Board of Education shall constitute a Board of 
Commissioners for the purpose of making a selection, or procuring the 
compilation for use in the common schools of the State of Indiana, of a 
series of text books in the following branches of -study, namely : Spelling, 



SCHOOL LAW OF INDIANA. 227 

^reading, aritlimetic, geography, English grammar, physiology, history of 
the United States, and a graded series of writing books. The matter 
contained in the readers shall consist of lessons commencing with the 
simplest expression of the language, and by a regular gradation, advancing 
to and including the highest style of composition both in poetry and 
prose : Provided, That none of said text-books shall contain anything of 
a partisan or sectarian character : And, provided further. That the fore- 
going books shall be at least equal in size and quality as to matter, 
material, style of binding and mechanical execution, to the following 
text-books now in general use, namely: The speller to McGuifey's 
Spelling-book, the reader to Appleton's Readers, the arithmetic to Ray's 
New Arithmetic Series, the geographies to the Eclectic Series of Geog- 
raphies, the grammar to Harvey's Grammar, the physiology to Dalton's 
Physiology, the history of the United States to Thalheimer's History of 
the United States, and the writing-books equal to the Eclectic Copy- 
books. (1) 

1. Constitutional. This act is constitutional. It is not void on the ground 
that it creates a monopoly, nor on the ground that it confers a special privilege. 
State V. Haworth, 122 Ind. 462. 

2. Choice of books. The Legislature has the power to require a designated 
series of books to be used in the public schools, and to require that the books 
selected shall be obtained by the school officers from the person to whom the con- 
tract for supplying them may be awarded. It may not only prescribe regulations 
lor using the books designated, but it may also declare how the books shall be 

• obtained and distributed. State v. Haworth, 122 Ind. 462. 

3. Legislative not Judicial. The adoption of text-books is legislative 
and not judicial. Certiorari was refused on this ground. 54 Cal. 375. 

4421c. Advertise for bids. The said Board of Commissioners shall, 
iMmediately upon the taking effect of this act, advertise for twenty-one 
consecutive days in two daily papers published in this State, having the 
largest circulation, and in one newspaper of general circulation in the 
cities of New York, Philadelphia, Cincinnati, Chicago and St. Louis that 
at a time and place to be fixed by said notice, and not later than six 
months after the first publication thereof, said board will receive sealed 
proposals on the following : 

First. From publishers of school text-books, for furnishing books to 
the school trustees of the State of Indiana for use in the common schools 
of this State, as provided in this act, for a term of five years, stating 
specifically in such bid the price at which each book will be furnished, 
and accompanying such bid with specimen copies of each and all . books 
-proposed to be furnished in such bid. 

Second. From authors of school text-books, who have manuscripts of 
books not published, for prices at which they will sell their manuscript, 



228 SCHOOL LAW OF INDIANA. 

together with the copyright of such books, for use in the public schoolg- 
of the State of Indiana. 

Third. From persons who are willing to undertake the compilatiois- 
of a book or books, or a series of books, as provided for in section one 
(1) of this act, the price at which they are willing to undertake suck 
compilation of any or all of such books, to the accej)tance and satisfaction 
of the said Board of Commissioners : Provided, That any and all bids by 
publishers, herein provided for, must be accompanied by a bond in the 
penal sum of fifty thousand dollars, with resident freehold surety, to the 
acceptance and satisfaction of the Governor of this State, conditioned 
that if any contract be awarded to any bidder hereunder, such bidder 
will enter into a contract to perform the conditions of his bid to the 
acceptance and satisfaction of said board : And provided further, That no 
bid shall be considered unless the same be accompanied by the afiidavit 
of the bidder that he is in nowise, directly or indirectly, connected with 
any other publisher or firm who is now bidding for books submitted to 
such board, nor has any pecuniary interest in any other publisher or firm: 
bidding at the same time, and that he is not a party to any compact, 
syndicate or other scheme whereby the benefits of competition are denied 
to the people of this State : And be it further ■provided, That if any com- 
petent author or authors shall compile any one or more books of the first 
order of excellence, and shall offer the same as a free gift to the people 
of this State, together with the copyright of the same and the right to 
manufacture and sell such works in the State of Indiana for use in the 
public schools, it shall be the duty of such Board of Commissioners to pay 
no money for any manuscript or copyright for such book or books on the 
subject treated of in the manuscript so donated ; and such board shall 
have the right to reject any and ail bids, and at their option such board 
shall have the right to reject any bid as to a part of such books, and to- 
accept the same as to the residue thereof. (2) 

4421(1. Open Mds. It shall be the duty of such board to meet at 
the time and place mentioned in such notice, and open and examine aH 
sealed proposals received pursuant to the notice provided for in section 
two (2) of this act, and it shall be the further duty of such board to 
make a full, complete and thorough investigation of all such bids or 
proposals, and to ascertain under which of said proposals or propositions 
the school books could be furnished to the people of this State for use in 
the common schools at the lowest price, taking into consideration the- 
size and quality, as to matter, material, style of binding, and mechan- 
ical execution of such books : Provided, akvays, That such board shaK 
not, in any case, contract with any author, publisher or publishers, for 



SCHOOL LAW OF INDIANA. 229 

ilie furnishing of any book, manuscript, copyright, or books, which 
shall be sold to patrons, for use in the public schools of this State, at a 
price above, or in excess of, the following, which prices shall include all 
cost and charges for the transportation and delivery to the several 
County School Superintendents in this State, namely : for a spelling 
book, ten (10) cents ; for a first reader, ten (10) cents ; for a second 
reader, fifteen (1*5) cents ; for a third reader, twenty -five (25) cents ; 
for a fourth reader, thirty (30) cents ; for a fifth reader, forty (40) 
cents ; for an arithmetic, intermediate, thirty-five (35) cents ; for an 
arithmetic, complete, forty-five (45) cents ; for a geography, elementary, 
thirty (30) cents ; for a geography, complete, seventy-five (75) cents ; 
for an English grammar, elementary, twenty-five (25) cents ; for an 
English grammar, complete, forty (40) cents ; for a physiology, thirty- 
five (35) cents ; for a history of the United States, fifty (50) cents ; for 
•copy books, each, five (5) cents. (3) 

442 le. May procure manuscripts. If, upon the examination of 
■such proposals, it shall be the opinion of such Board of Commissioners 
that such books can be furnished cheaper to the patrons, for use in the 
-common schools in the State, by procuring and causing to be published 
the manuscript of any or all of such books, it shall be their duty to 
procure such manuscript, and to advertise for sealed proposals for pub- 
lishing the same, in like manner as hereinbefore provided, and under 
the same conditions and restrictions. And such contract may be let for 
the publication of all of such books, or for any one or more of such 
l)ooks separately ; and it shall be the further duty of such Board of Com- 
missioners to provide, in the contract for the publication of any such 
manuscript, for the payment, by the publisher, of the compensation 
;agreed between such board and the author or owner of any such manu- 
script, for such manuscript, together with the cost or expense of copy- 
.righting the same. (4) 

44211'. State not liable. It shall be a part of the terms and con- 
ditions of every contract, made in pursuance of this act, that the State 
of Indiana shall not be liable to any contractor hereunder for any sum 
whatever ; but that all such contractors shall receive their pay and com- 
pensation solely and exclusively from the proceeds of the sale of the 
books, as provided for in this act. (5) 

442 Ig. Governor's proclamation. As soon as such board shall 
have entered into any contract for the furnishing of books for use in the 
;public schools of this State, pursuant to the provisions of this act; it 
shall be the duty of the Governor to issue his proclamation announcing 
:3uch fact to the people of this State. (6) 



230 SCHOOL LAW OF INDIANA. 

442 Ih. Trustee's duty. When such proclamation shall have been-' 
duly issued, it shall be the duty of the School Trustees of each and 
every school corporation in this State, within thirty days thereafter, and 
at such other times as books may be needed for use in the public schools 
of their respective corporations, to certify to the County Superintendent 
of their respective counties the number of school text-books provided 
for in such contract required by the children for use in the schools of 
their several school corporations. Such County Superintendent shall 
forthwith make such requisition for books as the schools in the said sev- 
eral counties may require upon the State Superintendent of Public 
Instruction, and that said State Superintendent of Public Instruction 
shall immediately thereafter make a requisition for said books upon tbe 
contractor, who shall, within ninety days, ship the books so ordered di- 
rectly to the County School Superintendents of the several counties of 
this State. Upon the receipt of such books, it shall be the duty of such 
County School Superintendents to immediately notify all the School 
Trustees of the school corporations, as shown by the last school enumer- 
ation of their counties, of the receipt of such books. It shall then be 
the duty of such School Trustees to immediately procure and take 
charge and custody of all the books assigned to their several school cor- 
porations, receipting therefor, to the said County School Superintend- 
ent; and, upon the receipt of such books by said School Trustees, they 
shall furnish them, on demand, to the school patrons or school children 
of their respective corporations, at the price fixed therefor by the con- 
tract entered into between said Board of Commissioners and said con- 
tractor ; and it shall be the duty of such school officers to sell books for 
cash only ; and if they shall sell or dispose of any books other than for 
the cash price thereof, they shall be held personally liable, and liable upon 
their official bond for the price of such book or books : Provided, That 
any patron or pupil of any school or schools other than the public schools, 
and also any child between the ages of six and twenty-one years of age, 
or the parent, guardian or teacher of such child, shall have the right to 
purchase and receive the books, and at the prices herein named, by pay- 
ment of the cash price thereof to the School Superintendent of any 
county in this State, and it is hereby made his duty to make requisition 
upon the contractor for any and all books so ordered and paid for by 
any such person or persons : And "provided further, That nothing in this 
act shall operate to prevent the State Board of Education, Boards of 
School Trustees, or Boards of School Commissioners, from devising 
means and making arrangements for the sale, exchange, or other dispo- 
sition of such books as may be owned by the pupils of schools under- 



SCHOOL LAW OF INDIANA, 231 

their charge, at the time of the adoption of books under thepspoinsions". 
of this act. (7) 

\. Mandamus?. The trustee may be compelled by mandamus to procure aiuT. ' 
furnish the books. — State i\ Haworth, 122 Ind. 402. 

442 ii. (Quarterly reports. At the exjoiration of three LQOHths 
after the receipt of such books by the County ISuperintendent, and 
every three months thereafter, it shall be the diity of each school trus- 
tee receiving and chargeable with books under the provisions of this 
act, to make a full and complete report to tlie County Superintendent 
of the number of books sold, and the amount of money rieceived there- 
for, and the number of (books pn liaBdj, arnd.at the timeof piaking such 
report he shall pay over to the County Superintendent all moneys^ re- 
ceived by him or with which he is chargeable, from the sales of books' in 
his hands ; which report shall be duly veritied by tlie oath of the party 
making it. (^8) 

442 ij. Superintendent to enter suito If, at the expiration of 
ten days from the time required by this act for the making of such re- 
port of any School Superintendent chargeable with books under this act. 
any such officer shall have failed, neglected or refused to make suefe re- 
port, or turn over any moneys with v/hich he is chargeable, it vshall be 
the duty of the County School Supeiintendent, within fifteen days, to 
enter suit upon his official bond for an accounting and recr)very of aay 
moneys due from him on account of such books with which he is charge- 
able ; and all judgments recovered upon such bonds shall include a 
reasonable at tv:)rney's fee for the attorney prosecuting such suit:, anrt 
such judgment shall be without relief from valuation or appraisement 
laws, and shall be without stay of execution. (9) 

4421k. Superintendent's special bond. It shall be the- dtvtyi o£t 
the several County School Superintendents of this State, within thirty 
days from the issuing of the proclamation by the Governor, as herein- 
before provided for, and of every County Scliool Superintendent here- 
after elected, before he enters upon the discliarge of his official duties/ 
to enter into a special bond, witli at least two fi*echold sureties of suck 
county, payable to the State of Indiana, conditioned that they will faitb- 
fully and honesthf perform all tlie duties required of them by this act^ 
and account for and pay over ail moneys that may come into their hands, . 
pursuant to the provisions of this act, in a, penal sum which shall be 
equal in amount to one hundred dollars for every one thousand; isdlikb-'- 
itants of their respective counties as shown by thf^las^!! census itorrli^d^- 
ately preceding the giving -of such bond, to be approved by the Board 

17 — ScjiooL Law. 



232 SCHOOL LAW OF INDIANA. 

of Commissioners of their respective counties ; and upon the failure of 
any County School Superintendent to give such bond, his office shall 
become immediately vacant, and the Board of Commissioners of his 
county shall immediately appoint some competent and suitable person 
to fill such vacancy for the unexpired term of his office. (10) 

1. Note. Mere failure to file the bond within the time required does not 
- vacate the office ; and if the Board of County Commissioners declare the office va- 
cant lor that reason, the superintendent may appeal from such decision. — Board 
Com. V. Johnson. 124 Ind. 145. The Board of Commissioners can not refuse to 
approve the bond on the ground that the superintendent was corruptly elected. — 

■StMe V. Board of Com., 124 Ind. 554. 

t 

44211. Keports to contractor. It shall be the duty of each 
"County School Superintendent in this State, within ten days after the 
quarterly reports of the school trustees, as hereinbefore provided for, 
to make a full, true, complete and detailed report to the contractor of 
ail books sold by the several school trustees of his county, and of the 
number of books in the hands of the trustees of each school corporation, 
iwhich report shall be accompanied by all cash received by him from 
■the school officers from sales of books by them sold, and which report 
shall be duly verified by him, and a duplicate thereof shall be filed in 
the .office of the auditor of his county. Upon the failure of any County 
Sehooi Superintendent to make the report and to transmit the cash, as 
required by this section, a right of action shall immediately accrue to 
the contractor against the said school superintendent and the sureties 
sipon the bond provided for in this act, for an accounting and for the 
recovery of any moneys received and not transmitted by him, and for 
any damages which may have resulted from his neglect or failure to 
■comply with the provisions of this act, and any judgment upon any such 
'iiond shall include a reasonable fee for the attorney prosecuting such suit, 
and such judgment shall be without relief from valuation and appraise- 
ment laws, and shall be without stay of execution. (11) 

1421111. Sale for more than contract price a misdemeanor. 

Any school trustee charged with the sales of any books under the pro- 
visions of this act, who shall directly or indirectly demand or receive any 
money for any book or books in excess of the contract price, as herein- 
before provided, shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof shall be fined in any sum not less than ten nor more than 
.one hundred dollars, to which may be added imprisonment in the county 
jail for a term not exceeding sixty days. (12) 



442 In. Embezzlement. Any county school superintendent 

trustee of any township or school corporations in this State who si 



or 
lO shall 



SCHOOL LAW OF INDIANA, Z6i^ 

fraudulently fail or refuse, at the expiration of the term for wMcli h@- 
■was elected or appointed, or at any time' during such term, wheti legally 
required by the proper person or authority, to account for and deliYer 
and pay over to such person or persons as may be lawfully entitled, t® 
receive the same, all moneys or school books which may have come int® 
his hands by virtue of the provisions of this act, shall be deemed guilty 
of embezzlement, and upon conviction thereof shall be imprisoned in- the 
State prison for any period not more than five years nor less than- one 
year, and fined in any sum not exceeding one thousand dollars, and 
rendered incapable of holding any office of trust or profit for any deter«- 
minate period. (13) 

442 lo. Appropriation— Laws repealed. The sum of one thousancl. 
dollars is hereby appropriated out of any funds in the State treasury noffe 
otherwise appropriated, for the purpose of paying the cost and expenses- 
incident to the giving of the notices herein provided for, and carrying: 
out the provisions of this act. All laws and parts of laws in confficfe 
with the provisions of this act are hereby repealed. (14) 

442 ip. Emergency. Whereas, an emergency exists for the imme- 
diate taking effect of this act, therefore it shall be in force from and after 
its passage. (15) 



FIRST SUPPLEMENTAL ACT. 

[1891, p. 99. Approved and in force March 5, 1891.] 

442 Iq. Advertise for bids. It shall be the duty of the Board of 
Commissioners for the purpose of securing for use in the common schoofe- 
of the State of Indiana of a series of text-books, as constituted hj th& 
act of the General Assembly in this section mentioned, to immediately 
advertise for bids, and to act upon such bids as maybe submitted for the 
furnishing for use in the common schools of the State of Indiana of a- 
spelling-book, a primary physiology, a more advanced work on physiology 
and hygiene, an elementary grammar, a complete grammar, and a hist<DTy^ 
of the Unijted States. In advertising for such bids, and in acting" apom 
any bid which may be submitted, such Board of Commissioners shall be- 
governed, as far as possible, by the same terms, conditions and liraita- 
tions concerning them, and shall require bidders and contractors to comply 
with all terms, conditions and limitations concerning bidders or contraetorSy. 
so far as applicable, as are contained in an act of the General Assembly 



^•34 SCHOOL LAW or INDIANA. 

=of Indiana, entitled, "An act entitled an act to create a Board of Gom- 

Mis&ioners for the purpose of securing for use in the common schools of 
- tKe State of Indiana of a series of text-books, defining the duties of certain 
officers therein named with reference thereto, making appropriations 
thferefor, defining certain felonies and misdemeanors, providing penalties 
for the violation of the provisions of said act, repealing all laws in con- 
flict therewith, and declaring an emergency." Acts of the General 
Assembly of the State of Indiana, 1889, p. 74: Provided, That the 
standard of Physiologies shall be Hutchinson' s laws of health and Hutch- 
inson's physiology and hygiene : And provided further. That no bids shall 
1)6 considered in which the price of a primary physiology shall exceed 
thirty cents for the volume, or in which a physiology and hygiene shall 
^«xiceed sLxty cents for the volume, or in which a history of the United 
States shall exceed sixty-five cents for the volume. (1) 

442 Ir. Trustees to make requisitions first Monday of June. 

That it shall be the duty of the Township Trustees and School Boards 
-of the State, severally, on the first Monday of June in each year, and 
at such intermediate times as the necessity therefor shall exist, after 
considering the numiber and kind of adopted books already sold in 
^iie corporation, the number and kind of such books on hand, and ascer- 
taining from their teachers or Principal and Superintendent, as the ca^e 
may be, the enrollment of scholars in the diflferent classes or grades of 
the schools of the corporation, to order such quantities of the books 
which the State has at that time adopted, as may seem to him, or to it, 
tolbe necessary for use in: the schools of such corpoi-ation until the first 
,day of June then next succeeding ; the estimate being based upon the 
information which it is above provided shall be gathered, and on the 
^dyice of the, County Superintendent : Provided, That the total orders 
%r any school year of the books adopted heretofore, and those mentioned 
ill section one of this act, shall not exceed the amount of one dollar Tor 
t^ach child enumerated for school purposes in the corporation : And pro- 
Mjde^ further, That it shall be the duty of the State Superintendent to 
'properly scale down any order for books which may pass through his 
'iands, in case that it shall seem clear to him that such order is for a 
.'Cj,uantity of books in excess of the needs of the corppration during the 
period for which such books were ordered. (2),- ^ ^ ^ , 

^ 4421s.-''' 'Trustees to acknov/ledge receipt of liooks. ^ '• Whenever 
^il'Order for tli4' books which the State has adopted, or may ;adopti --shall 
S^ve been filled by a'contractor with the State; and the books- delivereid 
.^&<l!h6 TownsMji' ^^Wstl©^ t>i' School Board 'inaking suoh^ orden, \ it ^halb be 

feW'dufy 'of ■ Sitcii #ufetee''br--board^ to" immediately' 'ackijowledge' the 



SCHOOL LAW OF INDIANA. 235^ 

Teceipt of such books to the contractor, aud also to make a report thereof 
to the Coimty Superintendent, and it shall be lawful for any such trus- 
tee or school board to at once make payment for such books to the con- 
tractor, through the superintendent of the county, out of any school 
funds in excess of the needs of their respective townships or school cor- 
porations for current expenses, or other special needs, in the hands or 
control of sucli trustee or board, aside from the principal or interest of 
the common congressional school fund, or the "school revenue for tui- 
tion" : Provided, however, That no debt shall ever be contracted, or 
warrant, or other evidence of indebtedness, ever be issued by a trustee 
or board on account of a purchase of books: And provided farther, 
That whenever any books are paid for by any trustee or school board, 
such trustee or school board shall be liable personally, atid liable upon 
their official bonds, respectively, for the preservation, custody and safe 
keeping of all such books until the same are sold and accounted for, or 
■otherwise disposed of according to law. Whenever a book, paid for as 
aforesaid, is sold by a trustee or school board, it shall be the duty of such 
trustee or school board to turn the entire proceeds of such sale into the 
fund, out of which payment was made to the contractor, to reimburse 
the fund for such advancement. In case a trustee or school board 
receiving books from a contractor with the State shall not pay for such 
books, as provided in this section, he, or it, shall make quarterly reports 
under oath of the sale of such books, accompanied by all cash received 
therefor, to the County Superintendent, for transmission to the con- 
tractor, as now provided by law, until such books shall have been fully 
paid for. The provisions of this section shall apply to all orders hereto- 
fore filed : Provided, That if said trustee or board shall have on hands 
any books, , heretofore ordered, for which he, or it, may have no imme- 
diate u^e» the; same, shally upon the order of the County Superintendent, 
or the State Superintendent of Public Instruction, be returned to the 
contractor, or be shipped to such other point, as the contractor may 
direct, the contractor to pay all freight charges on such shipment; and 
the County Superintendent and such trustee or board shall, thereupon, 
have credit for such books so returned or shipped. (3) . 

44 2 It. Books for poor or indig-eiit cMMreii. It shall be the 
■duty of each Township Trustee and each School Board to furnieh the 
h'ecles^ary school books, so far as they have been or may be adopted by 
the'State, to all such poor or indigent children as may desire to attend 
the comnion ; Bchools of his, or its, corporation, as in his, or its, opinion.; 
would hbe i 0;fehe:^wise'. unable to attend such sbkmik :\^>'Pr~bvided, That no 
Township 'Trustee in this State shall receive an. amount exceeding five 



236 . SCHOOL LAW OF INDIANA. 

dollars as compensation for his services in any one year for duties per-- 
formed in carrying out the provisions of this act, or the act to which it is 
supplemental. (4) 

442111. Keports to Commissioners and County Superintendent. 

When books are fully paid for out of the funds of a school corporation, 
as provided in section three of this act, it shall not be necessary for the 
Township Trustee or School Board of such corpoTation to make quarterly 
reports of the sale of the adopted books, but instead thereof a report shall 
in all cases be made by him, or it, upon oath on the first Monday of 
August in each year to the County Superintendent, and like report upon 
oath shall at the same time be made to the Board of Commissioners of 
the county, which reports shall severally state the number and kind of 
books on hand at last report ; the number and kind sold ; the number 
then on hand ; the disposition of the money received on such sales ; the 
amount of money used from any school fund in payment for books 
received ; and the condition of such funds. Such reports shall also state 
the number and kind of books furnished as provided in section four of 
this act ; for the price of which books so furnished the Township Trustee 
or School Board furnishing the same shall have credit. 

442 1 V. Appropriation. The sum of one thousand dollars is hereby 
appropriated out of the general fund in the State treasury to enable the 
Board of School Commissioners, mentioned in section one of this act, to 
advertise for bids as in said section provided. (6) 

442 Iw. Suit on Trustee's bond. Any Township Trustee or 
member of a School Board, receiving or being in possession of any 
moneys which at the end of the next quarter should be turned over to- 
the County Superintendent to pay a contractor for books sold which have- 
not been paid for out of the funds of the corporation, who shall fail to 
report the sale of such books af the end of such next quarter, or who 
shall fail to pay therewith the full proceeds thereof to the County Super- 
intendent, or so much thereof as may be necessary to fully pay the con- 
tractor, shall be liable, after demand upon him, to a suit on his official 
bond, brought on the relation of the County Superintendent, whose duty 
it shall be to bring the action for the amount due from him, and dam- 
ages, if any, and any judgment which shall be rendered in favor of the^ 
plaintiff in the action shall contain a reasonable attorney's fee, and shall 
be payable without relief from valuation or appraisement laws The 
same liability upon his bond shall accrue against a Township Trustee or 
member of a School Board who shall refuse to pay over as in this act 
required any moneys drawn from the funds of his corporation on account 



SCHOOL LAW OF INDIANA. 237 

'of books purchased, or who shall fail to apply all moneys for books sold 
that have been purchased by the corporation, to the reimbursement of 
the projier fund. Any judgment rendered against a Township Trustee, 
School Board, or member of a School Board, because of the non-perform- 
ance of any duty, shall include a reasonable fee for the plaintiff' s attorney. 
<7) 

442 1 X. County Superintendent's Special Bond. It shall be the 

duty of each County School Superintendent of this State, within thirty 
days from the taking effect of this act, and of each County School Super- 
intendent hereafter elected, before he enters upon the discharge of his 
official duties, to execute a special bond with at least two freehold sureties 
of his county, payable to the State of Indiana, conditioned that he will 
faithfully and honestly perform all the duties required of him by law, 
and account for and pay over all moneys which may come into his hands 
pursuant to law, in a penal sum which shall be equal to one hundred 
dollars for every thousand inhabitants of his county, as shown by the 
last census immediately preceding the giving of such bond, which bond 
shall be executed to the approval of the Board of Commissioners of his 
county, and upon failure of any County School Superintendent to give 
such bond, his office shall become immediately vacant, and the Board of 
■Commissioners of his county shall immediately appoint some competent 
^nd suitable person to fill such vacancy for the unexpired term of his 
office. (8) 

442 ly. Superintendent's report to contractor. It shall be the 
duty of such County School Superintendent within ten days after the 
receipt of any report, or money, from a Township Trustee or School 
Board*, as hereinbefore provided for, to make a full, true, complete and 
detailed report thereof to the contractor, which report shall be accom- 
panied by all cash received by him from the school officers. The report 
above provided for shall be duly sworn to by the County Superintendent, 
and a duplicate thereof shall be filed by him in the office of the auditor 
of his county. Upon the failure of any County School Superintendent 
to make report to the contractor and to transmit the cash as required by 
law, a right of action shall immediately accrue to the contractor against 
the said County School Superintendent, and the sureties upon his bond 
provided for in this act, for an accounting and for the recovery of any 
moneys received and not transmitted by him, and for any damages which 
may have resulted from his neglect or failure to comply with the pro- 
visions of this act, and any judgment upon any such bond shall include 
a reasonable fee for the attorney prosecuting such suit, and such judg- 
ment shall be without relief from valuation or appraisement laws, and 
;shall be without stay of execution. (9) 



238' SCHOOL LAW OP INDIANA. 

442 Iz. Failure to report — Embezzlement. Any County School 
Superintendent, or trustee of any township, or member of any school 
board in this State, who shall fraudulently fail or refuse, at the expira- 
tion of the term for which he was elected, or appointed, or at any time 
during such term, when legally required by the proper person or au- 
thority to account for and deliver and pay over to such person or persons 
as may be lawfully entitled to receive the same, all moneys, or school 
books which may come into his hands by virtue of the provisions of law, 
shall be deemed guilty of embezzlement, and upon conviction thereof 
shall be imprisoned in tlie State prison not more than five nor less than, 
one year, and fined in any sum not exceeding one thousand dollars, and 
rendered incapable of holding any office of trust or profit for any deter- 
minate period. (10) 

44211)13. Books to he imiformly used. The books which have 
been, or may hereafter be, adopted by the State of Indiana for use in its 
common schools by virtue of this act, or the act mentioned in section 
one hereof, shall be uniformly used in all the common schools of the 
State, in teaching the branches of learning treated of in such books, and 
it shall be the duty of the ^jroper school officers and authorities to use in 
such schools such books for teaching the subjects treated in them. (11) 

442 Icc. Duty of Contractor. It shall be the duty of any person 
or persons, firm or corporation, who shall hereafter furnish and supply 
books under the provisions of this act, or under the provisions of the act 
of 1889, title whereof is set out in the first section of this act, to ship to 
and to notify the consignee of such shipment, and deliver the books or- 
dered by the various County Superintendents, at such railway stj^tions 
as may be most convenient for the various Township Trustees or School 
Board in the several counties to receive the same as may be directed by 
the said County Superintendent. And in preparing such books for sucji 
shipment, it shall be the duty of every such contractor to wrap each 
several kind of books by themselves in packages of not to exceed five 
or ten books, according to their size, each such package to be securely 
wrapped in good substantial paper of sufficient weight to protect tlie 
books enclosed therein, and to be closed at each end thereof, and each 
package to have plainly and clearly marked or printed on the outside 
thereof the kind and number of books contained therein, and as many 
of such packages shall be enclosed in large packages or boxes as may be 
safe and convenient for shipment. And upon the receipt of such books 
it shall be the duty of each Township Trustee or School Board to care- 
fully care for and protect such books until sold, and to preserve the same 
in the original packages in which they ai-e wrapped without opening,. 



SCHOOL .LAW Q¥ INDIANA. 

iintil,9.Il ^copies of th,^ sapie boqks h;eretQfpj:e receiveji, by him or it l^aye 
Ijifeii ^old, and tjiereafter not to open any, sucli package until all copi^ 
containecl in p3,ckages previously opened Have been sold: Provided^ I^, 
upon the opening of any such package, any Township Trustee or Scho(^l 
Board shall discover that any of the books therein contained haye,been 
damaged, or are defective at the time of their receipt by him, or it, so 
as to be unsalable, he, or it, shall not be required. to offer the same for 
sale, but in such an event, he, or it, shaU. immediately notify the County 
Superintendent of such damaged or defective book or books, who shall 
immediately thereafter give notice thereof to the contractor furnishing 
the same, and thereafter such damaged or defective book or books shall 
be subject to the order of the contractor. (12) 

4421 dd. Name and price of books on cover. It shall be the duty 
of any person or persons, firm or corporation who may hereafter furnish 
and supply books under the provisions of this statute, or of the act of 
1889, the title whereof is set out in the first section of this act, to print 
in large letters upon the outside of the first cover of each book so fur- 
nished and supplied by him or them, the name of the adopted book, and 
upon the outside of the back cover the price at which such book is fur- 
nished to be sold to pupils, under such contract, and it shall be the duty 
of all County Superintendents, Township Trustees, and other school ofii- 
cers, and school teachers, to see that all books so furnished to pupils, 
and bought by pupils for use in the schools of the State shall bear fiuch 
imprint: Provided, This section shall not apply to topy books. (13) 

442 lee. State Superintendent's duty. It shall be the duty of 

the Superintendent of Public Instruction to cause to be printed, at the 
expense of the printing fund, and to send to each of the County Su- 
perintendents^! as soon as possible after the passage thereof, a suflScient 
number of copies of this act to provide such Superintendent and each 
Township Trustee and each member of the School Board in such county 
with one copy of such act. Each County Superintendent shall, at once, 
upon the receipt of the copies intended for his county, mail, or other- 
wise deliver, to (e^©h^ Township Trustee alid member of a School Board 
in hi&co'unty a ^jopyi'of this act. (14) 

4421ff. Acts, supplemental. , Nothing in this act shall be con- 
strued to in anywise affect the act mentioned in section one of this acifc, 
and th|et"yTO.a<?ltS; shall be regarded, as each supplementing the other, 
except where this, act shall provide a different procedure from the 'first 
act i ; in which , case the provisions of this act shall govern. Nothing in 
this act sh,a^l b,e, q(Jiist^:'ued as aflecting or impairing any contract right 



240 SCHOOL LAW OF INDIANA. 

secured by any contractor under tlie act mentioned in section one or 
tliis act, but all such contracts are hereby declared to be, and are hereby 
made, binding on the State to the same extent as they would have beett 
had this act not been passed. (15) 

442 Igg. Emergency. Whereas, an emergency exists for the im- 
mediate taking effect of this act, therefore it shall be in force from and 
after its passage. (16) 



SECOND SUPPLEMENTAL ACT. 

[Approved and in force March 1, 1893.] 

442lllli. Contractors to file consent. Whenever the contractors.. 
or either of them, to the extent that they might be aifected in their con- 
tract rights under prior laws, to-wit : An act entitled ' 'An act entitled 
an act to create a Board of Commissioniers for the purpose of securing, 
for use in the common schools of the State of Indiana, of a series of text 
books, defining the duties of certain officers therein named with refer- 
ence thereto, making appropriations therefor, defining certain felonies 
and misdemeanors, providing j)enalties for the violation of the provisions 
of said act, ' repealing all laws in conflict therewith and declaring an. 
emergency,' " passed by the Greneral Assembly of the State of Indiana 
in the year 1889, and published on page 74 of the acts of 1889 ; and an 
act supplemental thereto and upon the same general subject, approved 
March 5, 1891, shall have filed with the State Superintendent of Public- 
Instruction an agreement in writing, duly executed by them, or either 
of them separately, consenting to the operation of this act, as afiecting- 
the sale of school books furnished by them, under contract with the 
State pursuant to the provisions of existing laws, it shall then be lawful 
for, and it is hereby made the duty of, the Township Trustees and 
School Boards of this State, »to sell, for cash, to all merchants and deal- 
ers who may apply therefor, and in such quantities as they may require,. 
a sufficient number of adopted school books, furnished by the contractor 
or contractors, so consenting, to supply all demands of school patrons 
and pupils attending the common schools and residing in their immedi- 
ate neighborhoods, respectively ; which books shall, in no event, be sold 
to school patrons or pupils, by such merchants or dealers, at a- price in 
excess of the price fixed in the contract for such books between the 
State Board of School Book Commissioners and such contractor. In 
making such sales, the Township Trustee and School Boards shall be 
authorized, and it is hereby made their duty to deduct ten per cent. 



SCHOOL LAW OF INDIANA. 241 

■from the contract price at which such books are required by law to be 
-«old to the school patrons and school children of the State, to compen- 
sate the dealer for handling and selling such books ; one-half of which 
deduction shall be borne by the contractor and one-half thereof by such 
Bchool corporation. And hereafter no adopted books shall be delivered 
or sold to merchants or dealers by any County School. Superintendent, 
Township Trustee or School Board, except upon the terms and condi- 
tions hereinbefore specified. (1) 

« 
442 lii. Sale to Merchants or Dealers— Trustee's Report. 
When sale shall be made of any books by any Township Trustee or 
School Board to any merchant or dealer, pursuant to the provisions of 
section one of this act, it shall be the duty of such Trustee or School 
Board, at the end of such calendar month, to make a report thereof to the 
County School Superintendent of the number and kind of books sold, 
and the amount of money received therefor, and the number and kind of 
books on hand ; and at the time of making such report, to pay over to 
the County School Superintendent all money received by him or them 
from any such sale or sales ; and at the time of making such report such 
Trustee or School Board shall also pay to such Superintendent, for trans- 
mission to the contractor, the one-half of the amount of the deduction 
in the price of the books so sold, which last amount shall be paid out of 
and charged to the special school fund of such school corporation ; and 
for such amount the said Trustee or School Board shall take the receipt 
of such Superintendent. And in their reports to and settlements there- 
after made with the Board of Commissioners of their respective counties, 
the said Trustees and School Boards shall be entitled to full credit for 
the money so paid out of said fund when such Superintendent's receipt 
is tendered and filed with such reports : Provided, That whenever any 
Township Trustee or School Board shall have sold all books ordered by 
him or them, or in his or their hands for sale to merchants or dealers, as 
lierein provided, they shall not be required to make quarterly reports, 
as now provided by law. (2) 

442 1 j j. Officers to supply sufficient books. It shall be the duty 
of County School Superintendents, Township Trustees and School Boards 
to see that at all times there are sufficient number of books on hand, 
either in the hands of su'ch Superintendents, Trustees or School Boards 
respectively, or in the hands of the dealens in the different neighborhoods 
of their respective school corporations, to supply the patrons and pupils 
of the common schools with all needed books ; and nothing in this act 
shall be construed so as to relieve them from any of the duties now im- 
posed by law in this respect. (3) 



242 SCHOOL LAW OP INDIANA. 

442 Ikk. Duty of merchants and dealers. It shall be the dut^ 
of all merchants or dealers who may be supplied with books by virtue 
of the provisions of this act to furnish the Township Trustee or School 
Board of whom such books may have been purchased and received with 
a detailed statement of the number of books of each kind on hand on. 
the fifteenth day of May of each year, and at such other times during 
the year as the same may be called for by such Trustee or School Board ; 
and any merchant or dealer who shall refuse for the period of five days 
after request to do so, by any Trustee or School Board entitled to re- 
ceive the same, to furnish such statement as above provided, shall not 
be entitled thereafter to purchase or sell any school books under the pro- 
visions of this act. And upon the receipt of any such report it shall be 
the duty of such Trustee or School Board to forthwith transmit a copy 
thereof to the County School Superintendent, who shall, within ten days 
after the receipt of any such report, transmit a copy thereof to the con- 
tractor, for which reports the contractor shall furnish the necessary 
blanks. (4) 

442 111. County Superintendent to make report. It shall be the 
duty of each County School Superintendent in this State, within ten days 
after receiving any report or money on account of the sale of any books, 
from any Trustee or School Board of his county, as hereinbefore pro- 
vided, to make a full, true and verified report to the contractor of the 
number and kind of books so sold, by the several Township Trustees or 
School Boards of his county, and of the number and kind of books on 
hands with the said school officers^ and himself, which report shall be 
accompanied by all cash received by him from such Trustees or School 
Boards on account of such sales ; and he shall file a duplicate thereof in 
the office of the Auditor of his county. The necessary blanks for which 
reports shall be furnished by the contractor. (5) 

4421mm. Officers failing to report — Right of action. Upon 
failure of any Township Trustee, School Board or County School Sup- 
erintendent to perform any duty or to make report of any cash received 
by him or them, as required by the provisions of this act, a right of 
action shall immediately accrue to the contractor against the said officer 
so in default, and the sureties upon his official bond, for an accounting 
and for the recovery of any money received and not transmitted by 
him or them, and for any damage which may have resulted from his or 
their neglect or failure to comply with the provisions of this act ; and 
any judgment in favor of the contractor in any such action shall include 
a reasonable fee for the attorney prosecuting the suit, and such judg- 
ment shall be collectible without relief from valuation and appraisement 
laws, and shall be without stay of execution. (6). 



SCHOOL LAW OF INDIANA. 243^ 

442 Inn. Failure to report at expiration of term — Embezzle- 
ment. Any County School Superintendent, Township Trustee or 
member of any School Board of this State who shall fraudulently fail or 
refuse, at the expiration of the term for which he was elected or ap4 
pointed, or at any time during such term, when legally required by the 
proper person or authority, to account for and pay over to such person 
or persons as may be lawfully entitled to receive the same, all money or 
school books not previously accounted for, which may have come imto 
his hands by virtue of the provisions of this act, shall be deemed guilty 
of embezzlement, and upon conviction thereof, shall be imprisojied irt 
the State Prison not more than five years nor less than one year, and 
fined in any sum not exceeding one thousand dollars and rendered 
incapable of holding any office of trust or profit for any determinate 
period. (7) 

442100. Sale for more than contract piice a misdemeanor^ 

Any merchant or dealer who shall knowingly or willfully charge, re- 
ceive, collect or attempt to charge or collect, for any school book or 
books by him sold to any school patron or pupU, any sum in access of 
the price at which such book or books are required to be sold by law^i 
shall be deemed guilty of a misdemeanor, and upon conviction thereofl. 
shall be imprisoned in the county jail not more than six months nor lesgi 
than thirty days, and fined in any sum not exceeding five hundred 
dollars. (8) 

4421pp. Contractors to file consent for revision of ftoofc 

Whenever the contractors for furnishing books for use in the com mop. 
schools, under the provisions of existing laws , hereinbefore specifieds» 
shall have filed with the State Superintendent of Public Instruction^ 
their consent, in writing, to the revision or the introduction of an inte?- 
mediate book, as hereinafter provided, duly executed by them, andjil^e; 
State Board of School Book Commissioners shall determine that a rerr 
vision is needed of any or all of the books in use in the common schoolgi, 
under contract made pursuant to law, or that an intermediate grammar 
or language lessons is needed, then it shall be lawful for the State- 
Board of School Book Commissioners to order a revision to be made ^f 
any or all of such books as in their judgment may be found necessary 
for the welfare of the common schools of the State, in the manner aad 
under the conditions following : 

The said Board of School Book Commissioners shall select a compe- 
tent author or authors to perform the work of revision of the subject 
matter of such book or books so ordered to be revised. The entire cost- 
of such revision, including the manuscript, illustrations, engravings. 



^44 SCHOOL LAM^ OF INDIANA. 

Kiaps and plates therefor shall be paid by the contractor or contractors 
who may at the time of such revision be required to furnish such book 
or Iwoks under their contract with the State. The cost and expense, 
'liowever, of such revision shall first be agreed upon by the State Board 
©f School Book Commissioners and the contractor or contractors before 
Euoh work of revision is commenced : Provided, If said board and con- 
tractor or contractors shall, for a period of sixty days after an estimate 
of the cost of any proposed revision has been furnished by such State 
Boai-d to the contractor, be unable to agree upon an amount, which in 
tlie opinion of such State Board would be necessary to cover the cost 
of any such revision, then the said State Board may advertise for bids from 
publishers of school books for furnishing any such book or books, the 
iSjast of revision of which could not be agreed upon ; and in such adver- 
tisement, selecting and contracting for such book or books, the said 
board shall be governed by the provisions of laws now in force respect- 
ing such matters. (9) 

442[(i(i. Author to reyise — Coimty and State Superintendent 
to seale reiillisition. Whenever the revision of any book, or series of 
f'books shall be determined upon by the State Board of School Book 
Commissioners, and they shall have contracted with an author or authors 
■ to furnish the manuscript for such revision, sufficient time shall be given 
-to the author in which to perform the work of revising the subject 
: matter of such book to the acceptance and satisfaction of such board, 
soldi when the revision of the subject matter of any such book is com- 
pleted by the author and the manuscript thereof furnished to the con- 
•;fcactor, at least six months' timre shall be given the contractor in which 
to make the necessary illustrations, engravings, maps, and plates, man- 
lafecture and ship the books to the various school corporations of the 
State before any such contractor shall be required to furnish any such 
'?l>ook, or series of books, so revised for use in the schools of the Stat« 
isinder his contract. And no new book, or revised book, oa' series of 
'j30oks, shall be introduced for use in the schools of the State, at any 
'ume, by virtue of the provisions of this act, until the State Board of 
School Book Conimissioners shall have given notice to the County Su- 
perintendents, Towhship Trustees and School Boards of the State, by 
printed notice mailed to each of said school officere, last above named, 
■:Sl% least twelve months in advance of the time when such book, or series 
of books, are to be used in the public schools, and like notice shall be 
given by said County Superintendents, Trustees and School Boards to 
all merchants and dealers in their respective school corporations, who 
2»av be selling the adopted books. And it shall be the duty of the State 



SCHOOL LAW OF INDIANA. 24S 

Superintendent of Public Instruction and tlie County Superintendents 
of each county to scale down to the minimum number all requisitions for 
school books, which may be made after such notice is given, thereby 
enabling all Township Trustees, School Boards, and dealers, to dispose^ 
of the stocks of books in their hands ; but no dealer shall buy or carry- 
on hand, at any time, more books than are actually needed to supply 
the demands therefor, for the purpose, or with the intent, of prevent,. 
ing the introduction of any new or revised book, according to the spirit 
of this act. And for' the purpose of enabling the State Superintendent 
of Public Instruction to determine when any requisitions should be 
scaled down in anticipation of the expiration of any existing contract, 
it shall be the duty of the contractor to furnish to said State Superin- 
tendent a copy of the quarterly verified reports made by County Super- 
intendents to the contractor, giving the number and kind of books on- 
hand with the various dealers and Township Trustees and School Boards 
of their respective counties ; and at the expiration of such notice sucli 
book or books shall only be required to be introduced in the schools as 
new classes in the study of such branches are being formed, and ail 
classes in such study, or studies, who, at the time of the expiration of 
the term of such notice, shall have purchased books for use in such' 
classes, shall be allowed time to complete such books before being' eom?- 
pelled to buy new or revised books. And at the expiration of any eor^- 
tract now in existence, or which may hereafter be made by the State" 
Board of School Book Commissioners, for furnishing books for use in the 
common schools of the State of Indiana, the books then in use in tke 
common schools of this State under such contract or contracts shall be- 
continued in use therein at the same price and upon the same terms and 
conditions until such time or times as the State Board of School Book - 
Commissioners shall determine that a revision thereof is necessary for the 
best interests of the schools, when such revision shall be made, or a new 
book contracted for and introduced for use in the schools as hereinbe^ 
fore specified : Provided, That, at the expiration of any such contract^,, 
the State Board of School Book Commissioners shall require such con- 
tractor or contractors furnishing such books to execute a new bond, con- 
ditioned that they will continue to execute such contract in all regards 
as they had theretofore executed the original contract : Provided, further. 
That nothing herein contained shall be construed as restraining or pre- 
venting said State Board of School Book Commissioners, after any such' 
school book, or any such revised book, shall have been in use in th& 
schools of the State for a period of five years, from proposing to tk& 
contractor furnishing the same, suck reduction in the price at which, 
such book or revised book shaH be continued in use in the schools for 



itber5i©±tt'eiigumgi ifij\re'.>y-eAs,bas, »iifche; ijudgmient ' of' isaidi)boai!(i(,r'<:piiay 
>s^em 'reasonable! : If feiicb coutractoa? shall accede to such pyoposedi rediic- 
'fiosii:, then the, priceiof suchi book^or revised book 'Shally for stieht ehsuing 
jpe^iod of fivei years/ibe fisedfatitbe^dnginal contract price thereof^ less 
'4h& amouni of the i-eduction so agreed upon, and such price ■shall be 
';|>rinted on the back of said book, as now required by law.- ■ In eveint 
,said ■Jcomiiractorishair not be willing to accede to such terms, th4 said 
board ihay appoint a disinterested person, conversant with such matters, 
said require the said contractor to select another such person, and the 
two so chosen shall select a third, and, thereupon, the three' so' chosen 
shall inquire into and consider what, if any, reduction ought to be mad^ 
iia the price at which such book or revised book should be furnished for 
'?jse in the schools of the State for the next ensuing period of five years, 
andiif they shall determine that any such reduction ought to be made, 
tfej shall fix the amount of such reduction, and shall certify to the said 
board and to such contractor their determination in that behalf, and 
ihereuponi, if said contractor shall accede to the price thus arrived at, 
#ie price of said book for the next ensuing five years shall be fixed at 
that sum, and the same shall be printed on the back of such books, as 
nowprovided bylaw, and said contractor shall be required to furnish the 
same at such price ; but otherwise, in all regards under the provisions of 
this act and acts to which it is supplemental. But if such contractor shall 
decline to accede to such price thus arrived at, then such board shall have 
the right, in their discretion, to proceed to advertise for bids to furnish 
a book in the place thereof; and, in so doing, and in all subsequent 
steps therein, they shall proceed in accordance with the provisions of 
tins act and of the acts to which it is supplemental : And, provided 
further, That nothing in this act contained shall be construed to prevent 
ithe State Board of School Book Commissioners irote'sxercising their 
■discretion in deciding whether they shall order any of the books already 
in use under contract to be revised, or whether, instead, they shall 
advertise for books ito be adopted instead of said books already in use. 
..(lO);!:-'- ' ' ;vj :;4oofi. ion -ii 

:iry_, .hii,; ''.WB flUfisUrVi 'I'M , i 

;*'44Mi4\ Intermediate gramiiiar or language lessons* If, in 

fhe'opiniDh' of the State Board of School Book Commissioners, an in- 
leruiediaite grammar or language lessons is needed for the better teach- 
ing of feueh branch of study, instead of a revision of the series of gram- 
atiarsino^ in use, it shall then be lawful for such board to provide for 
such intermediate book,; and for 'thati purposeshall proceed,' as nowplro- 
M^idbd by law, ; to advertise for proposals to furnish such book, requiring 
i^^^nd in such sum as they deem sufficient to insure the compliance with 



■ ^CBEOCfL LAW OF INDli^A. .^^ 

-^^h. proposals,^ consi^Qr such prpposals and contract for such book : ; Pro- 
rPidied, however, That such,. intermediate grammar shall be equal in quality 
i^to niaterial, style of binding, and mechanical execution to Long's 
.I^essons iu English, and in subject matter shall embrace not less than 
,^10 pages, and shall be adapted to follow in sequence to that of the 
language Lessons book of said series now in use, and to be properly 
introductory to the matter contained in the complete book of the series 
as now adopted ; and if revision of the grammar now in use should be 
iidetermined upon by the State Board of School Book Commissioners, 
then such modification shall be made of each or either of the books now 
constituting said course in grammar as shall adapt them more perfectly 
to use in the same series, and as shall cover more perfectly the entire 
subject matter necessary to a complete education in this branch of learn- 
ing. And said intermediate grammars shall not be sold to patrons or 
pupils of the public schools of this State at a price above or in excess of 
twenty cents each. (11) 

442 ISS. State Board to meet — Notice. For the purpose of de- 
termining what book or books, if any, may need revision, or whether an 
intermediate grammar is needed, the State Board of School Book Com- 
missioners shall meet on the first Monday of April, 1893, and shall then 
.and there make such inquiry and examination of the books then in use 
under contract with the State as shall enable them to determine upon 
the propriety of ordering any such revision or intermediate book or 
Language Lessons. And such board shall, within sixty days thereafter, 
^determine and give notice to the contractors of any and all revisions 
that shall be required to be made before the time of the expiration of 
the existing contract for any such book or books. (12) 

442 Itt. Frequency of reTision — GeograpMes. In no case shall 
a revision of any book or books be required by the State Board of School 
,■ Book Commissioners oftener than every five years, except in geographies 
\mid histories, which said mentioned books may be ordered to be revised 
as often as in the opinion of the said board shall be necessary to keep 
said books accurate and modern in all matters pertaining to those 
.Ibrsnches of study. (13") 

442 imi. Standard of revision — Contractor's bond. Whenever 
any book or series of books shall be revisied by order of the State Board 
of S<?hpol Commissioners such book or books, when completed and ready 
for use in the schools, shall be equal in every respect to the standard 
now fixed by law, as to subject matter, material, style of binding and 

18 — Scirooi. Law. 



248 SCHOOL LAW OF INDIANA. 

mechanical execution. And said State Board, when contracting for any- 
such revision, shall require the contractor or contractors to enter into a- 
written agreement for the furnishing of such books, and to execute bond 
with resident freehold sureties to the acceptance of the Governor of this 
State for the faithful compliance with their contract, such bond to be in. 
such amount as said board shall deem sufficient for the purposes contem- 
plated. (14) 

442 IVT. Appropriation. The sum of one thousand dollars i& 

hereby appropriated out of any funds in the State Treasury not other- 
wise appropriated for the purpose of paying costs and expenses incident 
to the giving of notices herein provided for by said State Board of 
School Book Commissioners, and to pay the expenses of the State Su- 
perintendent of Public Instruction incurred in the distribution of this= 
act, and of the acts to which this is supplemental, as herein required, 
and to carry out the provisions of this act. (15) 

442 Iww. New bond. If at anytime the State Board of School 
Book Commissioners shall find that the bond of any contractor, contract- 
ing to furnish books for use in the common schools of the State of In- 
diana, under this act, or the acts to which it is supplemental, has become 
insufficient to secure the faithful performance of such contract, or from 
any other reason become inoperative, they shall have the right to require 
such contractor to execute a new and sufficient bond to secure the faith- 
ful execution of such contract And upon failure of any such contractor 
to furnish such new bond within thirty days after being so required by 
said board, the said board shall give notice thereof to the Attorney- 
General of the State of Indiana, who shall immediately upon receipt of 
such notice bring suit to procure the cancellation of such contract of such 
contractor so refusing. And service of summons in such cause upon the 
agent of such contractor in the State of Indiana shall be deemed and 
held to be sufficient service upon the contractor ; and in such case the 
Attorney-General shall receive a reasonable fee for the prosecuting of 
such action. (16) 

442 Ixx. State Superintendent's duty. It shall be the duty of 

the State Superintendent of Public Instruction, immediately upon the 
passage of this act, to cause to be printed a sufficient number of copies 
thereof, as well also of the acts referred to in the first section hereof, to 
furnish each County Superintendent, School Trustee and member of 
School Boards in the State of Indiana, with one copy thereof, and 
promptly to distribute the same to such school officers through the Count j 
Superintendents. (17) 



SCHOOL LAW OF INDIANA, 249 

442 Izz. Acts supplemental. This act shall be construed as sup- 
plementary to the acts referred to in the first section hereof, and said 
former acts are contined in full force and effect, except so far as modified 
by the provisions of this act. (18) 

44211)l)b. Emergency. Whereas, an emergency exists for the im- 
mediate taking effect of this act, therefore it shall be in force and effect 
irom and after its passage. (19) 



SYNOPSIS 



Duties of School Officers, Dealers and Contractors 



TJNDEE THE 



SCHOOL BOOK LAW. 



TRUSTEES. 



To order books for use in schools , . s. 4421h, 4421r 

To base orders on reports of teachers and advice of 

County Superintendent s. 4421r 

Maximum total orders for any one year s. 4421r 

To take charge and custody of books a. 4421h 

To receipt County Superintendent and contractor for 

books 8. 4421h,, 4421& 

To preserve books in original packages s, 4421cc 

To sell books to patrons and pupils s. 4421h, 4421» 

May arrange for disposition of old books s. 44211i 

Misdemeanor to sell books for more than contract price. s. 4421mi 

Penalty for selling books in excess of contract price . . s. 4421iii 

To make quarterly reports and settlements ... . s. 44211, 4421g^ 

To be sworn to book reports s. 44211, 4421® 

Liable on bond for failure to report and settle .... s. 4421], 4421w 
Embezzlement to fail or refuse to turn over any money 

or books s. 4421n, 4421z, 4421ntt 

Penalty for failure to turn over money or books . . . 

s. 4421n, 4421z, 4421ntt 

May pay for books out of township funds s. 4421ff 

Shall not contract debt to pay for books ...... s. 4421& 

Liable for safe keeping of books s. 4421s, 4421c<? 

To return surplus books to contractor s. 4421g 

(250) 



SCHOOL LAW OF INDIANA. 



251 



To return damaged or defective books , s. 4421cc 

To furnish books to the poor free s. 4421t 

To report books furnished the poor s. 4421u 

To sell books to dealers at 10 per cent, discount ... s. 442 Ihh 

To pay 5 per cent, out of special school fund .... s. 4421ii 

Shall not deliver books to dealers except for cash . . s. 4421hh 

To make monthly reports and settlements. . . . , s. 4421ii 

Exempt from making quarterly report s. 4421u, 4421ii 

To make annual reports s. 4421 u, 442 Ikk 

To see that only adopted books are used ...... s, 4421bb 

To see that the name and price of the adopted books 

are printed on outside covers of all books used , . s. 4421dd 

To see that a supply of books is kept on hand .... s. 4421jj 
To notify dealers of introduction of new or revised 

books s. 4421qq_ 

Penalty for failure to perform any duty :• 'S.j 4421mm 



COUNTY SUPERINTEN35ENT8. 

To give special bond . s. 4421k, 4421x 

Penalty for failure to give bond s. 4421k, 4421 x 

To make requisitions for books s. 4421h 

To notify Trustees of receipt of books s. 4421h 

To sell books to other than public schools . . . ... s. 4421h 

To enter suit against Trustees g, .4421j, 4421w 

To make quarterly reports and settlements S. 44211, 4421y 

To be sworn to quarterly reports s. 44211, 4421y 

To file copy of quarterly reports with Auditor. ... s. 44211, 442 ly 

Penalty for failure to report and settle s. 44211, 4421y 

Embezzlement to fail or refuse to turn over money or 

books s. 4421n, 4421z, 4421nn 

Penalty for failure to turn over money or books . s. 4421n, 4421z, 4421nn 

To see that only adopted books are used s. 442 Ibb 

To keep books and see that a sufficient supply is on 

hand s. 4421jj 

To see that the name and price of the adopted books 

are printed on the covers of all books used .... s. 4421dd 

To make monthly reports and settlements s. 442111 

To file copy of monthly report with Auditor .... s. 442111 

To scale down requisitions s. 4421 qq 

To notify dealers of introduction of new or revised 

books 8. 4421qq 

Penalty for failure to perform any duty s. 4421mm 



252 SCHOOL LAW OF INDIANA. 



DEALERS. 

Allowed 10 per cent, discount s. 4421hh 

Must pay cash for books s. 44211ili 

IMake annual statement of books on hand s. 4421kk 

Penalty for failure to report books on hand s. 4421kk 

Forbidden to sell in excess of contract prices . . . , s. 442 loo 

Penalty for overcharging for books s. 4421oo 

Shall not handle or sell books cm. consignment .... s. 4421hh 

CONTRACTORS. 

To ship books to County Superintendents s. 4421h, 4421cc 

To print name and price on outside covers , . . . . s. 4421dd 

To wrap books in packages s. 4421h 

To label packages s. 4421h 

To have right of action s. 4421mm 

To give consent to act of 1893 s. 4421hh 

To pay cost of revision s. 4421pp 

To give bond s. 4421qq, 4421uu, 4421ww 

To furnish blanks s. 4421kk, 442111 

STATE SUPERINTENDENT. 

To make requisitions • • • s. 4421h 

To scale requisitions .8. 4421r, 4421qq 

To print and distribute laws s. 4421ee, 4421xx 



CONSTITUTION OF THE STATE OF INDIANA. 

1851- 



PREAMBLE. 



To the end that justice be established, public order maintained^, 
and liberty perpetuated: We, the people of the State of 
Indiana, grateful to Almighty God for the free exercise of 
the right to choose our own form of government, do ordain 
this Conetitation. 

AKTICLE L 

BILL OF RIGHTS. 

Section 1. We declare that all men are created equal; that 
they are endowed by their Creator with certain unalienable 
rights; that among these are life, liberty, and the pursuit of 
happiness ; that all power is inherent in the people ; and that 
all free governments are, and of right ought to be, founded on 
their authority, and instituted for their peace, safety, and well 
being. For the advancement of these ends, the people have 
at all times an indefeasible right to alter and reform their gov- 
ernment. 

Sec. 2. All men shall be secured in their natural right to 
worship Almighty God according to the dictates of their own, 
consciences. 

Sec. 8. No law shall, in any case whatever, control the free 
exercise and enjoyment of religious opinions, or interfere with 
the rights of conscience. 

Sec 4. No preference shall be given, by law, to any creed^ 
religious society or mode of worship; and no man shall be 
compelled to attend, erect or support any place of worship, or 
to maintain any ministry against his consent. 



-'2bi SCHOOL LAW OF INDIANA. 

8ec. 5. No religious test shall be required as a qualification 
for any office of trust or profit. 

Sec. 6. No money shall be drawn from the treasury for tho 
benefit of any religious or theological institution. 

Sec. 7. No person shall be rendered incompetent as a wit- 
ness, in consequence of his opinion on matters of religion. 

Sec. 8. The mode of administering an oath or affirmation 
shall be such as may be most consistent with, and binding upon, 
the conscience of the person to whom such oath or affirmation 
may be administered. 

Sec. 9. No law shall be passed restraining the free inter- 
change of thought and opinion, or restricting the right to 
flpeak, write, or print, freely, on any subject whatever; but for 
the abuse of that right every person shall be responsible. 

Sec 10. In all prosecutions for libel, the truth of the matters 
alleged to be libelous may be given in justification. 

Sec. 11. The right of the people to be secure in their per- 
sons, houses, papers and effiscts, against unreasonable search or 
seizure shall not be violated, and no warrant shall issue, but 
upon probable cause, supported by oath or affirmation, and 
particularly describing the place to be searched, and the person 
or thing to be seized. 

Sec. 12. All courts shall be open; and every man, for injury 
done to him, in his person, property or reputation, shall have 
remedy by due course of law. Justice shall be administered 
freely and without purchase; completely, and without denial; 
speedily, and without delay. 

Sec. 13. In all criminal prosecutions the accused shall have 
the right to a public trial, by an impartial jury in the county in 
which the offense shall have been committed ; to be heard by 
himself and counsel; to demand the nature and cause of the 
accusation against him, and to have a copy thereof; to meet 
the witnesses face to face, and to have compulsory process for 
obtaining witnesses in his favor. 

Sec. 14. No person shall be put in jeopardy twice for the 
same offense. No person, in any criminal prosecution, shall be 
compelled to testify against himself. 



CONSTITUTION. 255> 

Sfid. l5. Kd 'p^rsM or confined in jail, shall b^ 

treated with unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Excessive 
fines shall not be imposed. Cruel and unusual punishment 
shall not be inflicted. All penalties shall be proportioned to 
the nature of the oilense. 

Sec. 17. Offenses, other than murder or treason, shall be^ 
bailable by sufficient sureties. Murder or treason shall not be 
bailable when the proof is evident, or the presumption strong. 

Sec. 18. The penal code shall be founded on the principles 
of reformation, and not of vindictive justice. 

Sec 19. In all criminal cases whatever, the jury shall have 
the right to determine the law and the facts. 

Sec 20. In all civil cases the right of trial by jury shall re- 
main inviolate. 

Sec 21. No man's particular services shall be demanded 
without just compensation. No man's property shall be takec' 
by law without just compensation; nor, except in case of the- 
State, without such compensation first assessed and tendered- 

Sec 22. The privilege of the debtor to enjoy the necessary 
comforts of lite, shall be recognized by wholesome laws, ex- 
empting a reasonable amournt of: property from seizure or sale- 
for the payment of any debt or liability hereafter contracted ; 
and there shall be no imprisonment for debt, except in case of 
fraud. 

,Sec 23. The General Assembly shall not grant to any citi- 
zen, or class of citizens, privileges or immunities which, upon 
the same terms, shall not equally belong to all citizens. 

Sec. 24. No ex post facto law, or law impairing the obligation 
of contract, shall ever be passed. 

Sec 25. No law shall be passed, the taking effect of which 
shall be made to depend upon any authority, except as provided 
in this Constitution. 

Sec 26. The operation of the laws shall never be suspended 
ex. ept by the authority of the General Assembly. 

Silo. 27. The privileges of the writ of habeas corpus shall 
not be suspended, except in case of rebellion or invasion, and 
then only if the public safety demand it. 



256 SCHOOL LAW OF INDIANA. 

8eo. 28. Treason against the State shall consist only in levy- 
ing war against it, and giving aid and comfort to its enemies. 

Sec. 29. No person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or upon 
his confession in open court. 

Sec. 80. No conviction shall work corruption of blood or 
forfeiture of estate. 

Sec. 31. No law shall restrain any of the inhabitants of the 
State from assembling together, in a peaceable manner, to con- 
sult for their common good ; nor from instructing their repre- 
aentatives; nor from applying to the General Assembly for 
redress of grievances. 

Sec. 32. The people shall have a right to bear arms for the 
defense of themselves and the State. 

Seo. 83. The military shall be kept in strict subordination 
to the civil power. 

Sec. 34. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner ; nor in time of 
war but in a manner to be prescribed by law. 

Sec. 85. The General Assembly shall not grant any title of 
mobility, nor confer hereditary distinctions. 

Sbo. 36. Emigration from the State shall not be prohibited. 

Sec. 37. There shall be neither slavery nor involuntary servi- 
tude, within the State, otherwise than for the punishment of 
crime, whereof the party shall have been duly convicted. No 
indenture of any negro or mulatto, made or executed out of 
the bounds ot the State, shall be valid within the State, 

AETICLE IL 

BUIFBAQB AND ELECTION. 

Section 1. All elections shall be free and equal. 

Sec 2. In all elections not otherwise provided for by this 
Constitution, every male citizen of the United States, of the 
age of twenty-one years and upwards, who shall have resided 
in the State during the six months, and in the township sixty 



CONSTITUTION. 25T 

days, and in the ward or precinct thirty days immediately pre- 
ceding such election ; and every male of foreign birth, of the 
age of twenty- one years and upwards, who shall have resided 
in the United States one year, and shall have resided in this 
State during the six months, and in the township sixty days, 
and in the ward or precinct thirty days, immediately preceding 
such election, and shall have declared his intention to become a 
citizen of the United States, conformably to the laws of the 
United States on the subject of naturalization, shall be entitled 
to vote in the township or precinct where he may reside, if he 
shall have been duly registered according to law. 

Sec. 3. No soldier, seaman or marine, in the army or navy 
of the United States, or their allies, shall be deemed to have 
acquired a residence in this State in consequence of having^ 
been stationed within the same; nor shall any such soldier, sea- 
man or marine, have the right to vote. 

Sec. 4. No person shall be deemed to have lost his residence 
in the State by reason of his absence either on business of the- 
State or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of Marcb 
24, 1881.] 

Sec. 6. Every person shall be disqualified from holding 
office during the term for which he may have been elected^^ 
who shall have given or offered a bribe, threat, or reward t#- 
procure his election. 

Sec. 7. Every person who shall give or accept a challenge 
to fight a duel, or who shall knowingly carry to another per- 
son such challenge, or who shall agree to go out of the State t» 
fight a duel, shall be ineligible to any office of trust or profit. 

Sec. 8. The General Assembly shall have power to deprivo^ 
of the right of suffrage, and to render ineligible any person- 
convicted of an infamous crime. 

Sec. 9. No person holding a lucrative office or appointment^ 
under the United States, or under this State, shall be eligible to 
a seat in the General Assembly ; nor shall any person hold 
more than one lucrative office at the same time, except as in 
this Constitution expressly perinitted : Provided, That offices in, 
the militia, to which there is attacned no annual salary, and the 
office of Deputy Postmaster, where the compensation does noffc; 



258 SCHOOL LAW OF INDIANA. 

exceed ninety dollars perjannum, shall not be deemed lucrative; 
And provided, also, That counties containing less than one thou- 
sand polls may confer the- office of Clerk, Recorder and Auditor, 
or any two of said offices, upon the same person. 

Sec. 10. No person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any office of trust 
or profit until he shall have accounted for and paid over, ac- 
cording to law, all sums for which he may be liable. • 

Sec. 11. In all cases in which it is provided that an office 
shall not be filled by the same person more than a certain num- 
ber of years continuously, an appointment pro tempore shall not 
be reckoned a part of that term. :;r<i:l>Uj5f 

Sec. 12. In all cases, except treason, felony and breach of 
the peace, electors shall be free from arrest in going to elections, 
during their attendance there, and in returning from the same. 

Sec. 13. All elections by the people shall be by ballot ; and 
all elections by the G-eneral Assembly, or by either branch 
thereoi, sh^Whe viva voce. 

Sec. 14. Ail general elections shall be held on the first 
Tuesday after the first Monday in November; but township 
elections may be held at such time as may be provided by law : 
Provided, That the General Assembly may provide by law for 
the election of all judges of courts of general or appellate juris- 
diction, by an election to be held for such officers only, at 
which time no other officer shall be voted for ; and shall also^ 
provide for the registration of ail persons entitled to vote. 



ARTICLE III. 



DISTRIBUTION OF POWERS. . 

Section 1. The powers of the Government are (iivi(3:e|d into, 
three separate departments: the Legislative, the Executive (in- 
cluding the Administrative), aud the, Judicial ; and no person, 
charged with offi.cial duties under one of these departm,ent;s, 
shall exercise any. of the functions of aiaQth^r,|e|Xpept ,a,8^r||i;v|'^:^; 
Constitution e:^Pjr§fS(ly provided,, , , 



CONSTITUTION. 259 

ARTICLE IV. 

LEGISLATIVE. 

Section 1. The Legislative- authority of the State shall be 
Tested in a General Assembly, which shall consist of a Senate 
and House of Representatives. The style of every law shall 
be, "Be it enacted by the General Assembly of the State of 
Indiana;" and no law shall be enacted except by bill. 

Sec. 2. The Senate shall not exceed fifty, nor the House of 
Representatives one hundred members ; and they shall be 
chosen by the electors of the respective counties or districts 
into which the State may, from time to time, be divided. 

Sec. 3. Senators shall be elected for the term of four years, 
and Representatives for the term of two years, from the day 
next after their general election : Provided, however, That the 
Senators elect, at the second meeting of the General Assembly 
under this Constitution, shall be divided, by lot, into two equal 
classes, as nearly as may be ; and the seats of Senators of the 
first class shall be vacated at the expiration of two years, and 
those of the second class at the expiration of four years ; so that 
one-half, as nearly as possible, shall be chosen biennially for- 
ever thereafter. And in case of increase in the number of Sen- 
ators, they shall be so annexed by lot, to the one or the other 
of the two classes, as to keep them as nearly equal as practica- 
ble. 

Sec. 4. The General Assembly shall, at its second session 
nWev the adoption of this Constitution, and every sixth yeai 
thereafter, cause an enumeration to be made of all the male in- 
:habitants over the age of tWeuty-one years. 

Sec. 5. The number of Senators and Representatives shall, 
at th<^ session next following each period of making such enu- 
meration, be fixed by law, and apportioned among the several 
counties, according to the number Of male inhabitants, above 
■twenty-one years of age, in each: Provided, That the first and 
isecond elections of members of the General Assembly^ under 
this Constitution, shall be according to the apportionment last 
f.made by the General lAssemblyibefore, the: adoption of this Con- 
*®titutiOin.. - 



260 SCH.OOL LAW OF INDIANA. 

Sec. 6. A Senatorial or Representative district, where mor® 
than one county shall constitute a district, shall be composed 
of contiguous connties ; and no caunty, for Senatorial appor- 
tionment, shall ever be divided. 

Sec. 7. No person shall be a Senator or a Representative, who, 
at the time of his election, is not a citizen of the United States; 
nor any one who has not been, for two years next preceding 
his election, an inhabitant of this State, and for one year next 
preceding his election, an inhabitant of the county or district 
whence he may be chosen. Senators shall be at least twenty- 
five, and Representatives at least twenty-one years of age. 

Sec. 8. Senators and Representatives, in all cases except 
treason, felony, and breach of the peace, shall be privileged 
from arrest during the session of the General Assembly, and 
in going to and returning from the same; and shall not be sub- 
ject to any civil process during the session of the General As- 
sembly, nor during the fifteen days next before the commence- 
ment thereof. For any speech or debate in either House, a 
member shall net be questioned in any other place. 

Sec. 9. The sessions of the General Assembly shall be held 
biennially, at the capital of the State, commencing on the 
Thursday next after the first Monday of January, in the year 
one thousand eight, hundred and fifty-three, and on the same 
day of every second year thereafter, unless a difierent day or 
place shall have been appointed by law. But if, in the opinion 
of the Governor, the public welfare shall require it, he may, at 
any time, by proclamation, call a special session. 

Sec. 10. Each House, when assembled, shall choose its own 
ofiicers (the President of the Senate excepted), judge the elec- 
tions, qualifications and returns of its own members, determine 
its rules of proceeding, and sit upon its own adjournment.. 
But neither House shall, without the consent of the other, ad- 
journ for more than three days, nor to any place other than. 
that in which it may be sitting. 

Sec. 11. Two-thirds of each House shall constitute a quorum. 
to do business; but a smaller number may meet, adjourn from 
da}'^ to day, and compel the attendance of absent members. A 
quorum being in attendance, if either House lail to efl:ect an 
organization within the first five days thereafter, the membert- 



CONSTITUTION. 261 

»of the House so failing shall be entitled to no compensation 
f rom^ the end of the said five days, until an organization shall 
liave been effected. 

Sec. 12. Each House shall keep a journal of its proceedings, 
and publish the same. The yeas and nays, on any question, 
ehuU, at the request of any two members, be entered, together 
will] the names of the members demanding the same, on the 
journal: Provided, That oh a motion to adjourn, it shall require 
one-tenth of the members present to order the yeas and nays. 

Sec. 13. The doors of each House, and of Committees of the 
Whole, shall be kept open, except in such cases as, in the opin- 
ion of either House, may require secrecy. 

Sec. 14. Either House may punish its members for disor- 
derly behavior, and may, with the concurrence of two- thirds, 
-expel a member ; but not a second time for the same cause. 

Sec. 15. Either House, during its session, may punish, by 
imprisonment, any person not a member, who shall have been 
.guilty of disrespect to the House, by disorderly or contemptu- 
ous behavior in its presence ; but such imprisonment shall not, 
^t any time, exceed twenty-four hours. 

Sec. 16. Each House shall have all powers necessary for a 
branch of the legislative department of a free and independent 

rState. 

Sec. 17. Bills may originate in either House, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of Representatives. 

Sec 18. Every bill shall be read by sections, on three several 
■days in each House; unless, in case of emergency, two-thirds 
of the House where such bill may be depending shall, by a vote 
of yeas and nays, deem it expedient to dispense with this rule ; 
but the reading of a bill by sections, on its final passage, shall 
in no case be dispensed with; and the vote on the passage of 
-every bill or joint resolution shall be taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject, and mat- 
ters properly connected therewith ; which subject shall be ex- 
pressed in the title. But if any subject shall be embraced in 
an act, which shall not be expressed in the title, such act shall 
be void only as to so much thereof as shall not be expressed iu 
•the title. 



262 SOHOOL LAW OF INDIANA, 

Sec. 20. Every act and joint resolution shall be plainly 
worded, avoiding, as far. as practicable, the use of technical 
terms. 

Sec, 21, No act shall ever be revised or amomied by mere 
reference to its title; but the act revised, or section amended, 
shall be set forth and publitLihed at full lengfth. 

Sec. 22. The General Assembly shall not pass local or speriul 
laws in any of the following enumerated eases, that is to say t 

Regulating the jurisdiction and duties of justices of the peace 
and of constables; 

For the punishment of crimes and misdemeanors; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal casea;. 

Granting divorces; 

Changing the names of persons; 
' For laying out, opening and working on, highways, and for 
the election or appointment of supervisors; 

Vacating roads, town plate, streets, alleys and public squares;. 

Summoning and impanneling grand and petit juries, and 
providing for their compensation ; 

Regulating county and township business; 

Regulating the election of county and township officers, and 
their compensation; iliii ■> J 

For the assessment and collection of taxes for State, county^ 
township or road, purposes ; 

Providing for supporting common schools, and for the pre- 
eervation of school funds ; 

In relation to fees or salaries ; except that the laws may be 
80 made as to grade the compensation of- officers in proportioB 
to the population and the necessarj^ services required ; 

In relation to interest on money ; 

Providing for opening and conducting elections of State^^ 
county or township officers, and designating the places of 
voting.; 

Providing for the sale of real estate belonging to minors, or 
other persons laboring under legal disabilities, by executors^,. 
administrators, guardians or trustees 



CONSTITUTION. 263 

Sec. 23. In all the cases enumerated in the preceding sec- 
tion, and in all other cases where a general law can be made 
applicable, all laws shall be general and of uniform operation 
throughout the State. 

Sec. 24. Provisions may be made by general law, for bring- 
ing suits against the State, as to all liabilities originating alter 
the adoption of this Constitution; but no special act authoriz- 
ing such suit to be brought, or making compensation to any 
person claiming damages against the State, shall ever be passed. 

Skc. 25. A majority of all the members elected to each 
House shall be necessary to pass every bill or joint resolution; 
and all bills and joint resolutions so passed shall be signed by 
the presiding officers of the respective houses. 

Sec. 26. Any member of either House shall have the right 
to protest, and to have his protest, with his reasons for dissent^ 
entered on the journal. 

Sec. 27. Every statute shall be a public law, unless otherwise 
declared in the statute itself. 

Sec. 28. No act shall take effect until the same shall have 
been published and circulated in the several counties of this 
State, by authority, except in case of emergency ; which emer- 
gency shall be declared in the preamble or in the body of the 
law. 

Sec. 29. The members of the General Assembly shall re- 
ceive for their services a compensation, to be fixed by law; but 
no increase of compensation shall take effect during the session 
at which such increase may be made. No session of the oren- 
eral Assembly, except the first under this Constitution, shall 
extend beyond the term of sixty-one days, nor any special ses- 
sion beyond the term of forty days. 

Sec. 30. No Senator or Representative shall, during the term 
for which he may have been elected, be eligible to any office, 
the election to which is vested in the General Assembly, nor 
shall he be appointed to any civil office of profit, which shall 
have been created, or the emoluments of which shall have been 
increased, during such term; but this latter provision shall not 
be construed to apply to any office elective by the people. 

19— School Laws. 



^64 SCHOOL LAW OF INDIANA. 

ARTICLE T, 

EXECUTIVE. 

Section 1. The executive powers of the State shall be vested 
In a Governor. He shall hold his office during four years, and 
>shail not be eligible more than four years in any period of 
•eight years. 

Seg. 2. There shall be a Lieutenant Governor, who shall 
iiold his office during four years. 

Sec. 3. The Governor and Lieutenant Governor shall be 
-elected at the times and places of choosing members of the 
•General Assembly. 

Sec. 4. In Toting for Governor and Lieutenant Governor 
the electors shall designate for whom they vote as Governor, 
and for whom rs Lieutenant Governor. The returns of every 
election for Governor and Lieutenant Governor shall be sealed 
iip and transm'tted to the seat of government, directed to the 
Speaker of th€ House of Representatives, who shall open and 
publish them i ^ the presence of both Houses of the General 
Assembly. 

Seg 5. The persons, respectively, having the highest num- 
l)er of votes fcr Governor and Lieutenant Governor, shall be 
©lected ; but in case two or more persons shall have an equal 
and the highest number of votes for either office, the General 
Assembly shall, by joint vote, forthwith proceed to elect one 
of the said persons Governor or Lieutenant Governor, as the 
<;ase may be. 

Sec. 6. Contested elections for Governor or Lieutenant Gov- 
ernor shall be determined by the General Assembly, in such 
,oiauner as may be prescribed by law. 

cSsc. 7. IsTo person shall be eligible to the office of Govoruoi 
©T Lieutenant Governor, who shall not have been five years a 
citizen of the United States, and also a resident of the State of 
Indiana during the five years next preceding his election; nor 
shall any person be eligible *o either of the said offices who 
shall not have attained the age of thirty years. 



CONSTITUTION. 26^ 

Sec. 8. No member of Congress, or person holding any 
office under the United States, or under this State, shall fill the 
office of Governor or Lieutenant Governor. 

Sec. 9. The official term of the Governor or Lieutenant. 
Governor shall commence on the second Monday of January,, 
in the year one thousand eight hundred and fifty-three ; and 
on the same day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from office^, 
or of his death, resignation or inability to discharge the duties 
of the office, the same shall devolve on the Lieutenant Gov- 
ernor ; and the General Assembly shall, by law, provide for the- 
case of removal from office, death, resignation, or inability y, 
both of the Governor and Lieutenant Governor, declaring' 
what officer then shall act as Governor; and such officer*' shall 
act accordingly until the disability be removed or a GovernoF 
be elected. 

Sec. 11. Whenever the Lieutenant Governor shall act as? 
Governor, or shall be unable to attend as President of the Sen- 
ate, the Senate shall elect one of its own members as President 
for the occasion. 

Sec. 12. The Governor shall be commander-in-chief of the 

military and naval forces, and may call out such forces to exe- 
cute the laws, or to suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General 
Assembly information touching the condition of the State, and 
recommend such measures as he shall judge to be expedient. 

Sec. 14. Every bill which shall have passed the General As- 
sembly shall be presented to the Governor ; if he approve, he 
shall sign it, but if not, he shall return it, with his objectionSy, 
to the House in which it shall have originated, which House 
shall enter the objections at large upon its journals, and pro- 
ceed to reconsider the bill. If, after such reconsideration, a. 
majority of all the members elected to that House shall agree- 
to pass the bill, it shall be sent, with the Governor's objections^. 
to the other House, by which it shall likewise be reconsidered,,. 
and if approved by a majority of all the members elected tO' 
that House, it shall be a law. If any bill shall not be*returne<i. 
by the Governor within three days, Sundays excepted, after it 
eh^il have been presented to him, it shall be a law without hia 



266 SCHOOL LAW OF INDIANA. 

signature, unless the general adjournment shall prevent its re- 
turn, in which case it shall be a law, unless the Governor, 
within five days next after such adjournment, shall file such 
%ill, with his objections thereto, in the office of the Secretary 
of State, who shall lay the same before the General Assembly 
rat its next session in like manner as if it had been returned by 
the Governor. But no bill shall be presented to the Governor 
within two days next previous to the final adjournment of the 
General Assembly, 

Sec. 15. The Governor shall transact all necessary business 
with the officers of Government, and may require any infor- 
mation in writing from the officers of the administrative de- 
partment, upon any subject relating to the duties of their 
respective offices. 

■Sec. 16. He shall take care that the laws be faithfully 
executed. 

Sec. 17. He shall have the power to grant reprieves, com- 
mutations and pardons, after conviction, for all oft'enses except 
treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he 
shall have power to suspend the execution of the sentence until 
the case shall be reported to the General Assembly at its next 
meeting, when the General Assembly shall either grant a par- 
don, commute the sentence, direct the execution of the sen- 
tence, or grant a further reprieve. He shall have power to 
remit fines and forfeitures, under such regulations as may be 
prescribed by law, and shall report to the General Assembly at 
its next meeting, each case of reprieve, commutation or par- 
don granted, and also the names of all persons in whose favor 
remission of fines and forfeitures shall have been made, and 
the several amounts remitted: Provided, however, That the 
General Assembly, may, by law, constitute a council, to be com- 
posed of officers of State, without whose advice and consent 
the Governor shall not have power to grant pardons, in any 
ease, except such as may, by law, be left to his sole power. 

Sec. 18. When, during a recess of the General Assembly, a 
vacancy shall happen in any office, the appointment to which is 
vested. in the General Assembly, or when, at any time, a va- 
cancy shall have occurred in any other State office, or itj th* 



CONSTITUTION. 267 

-office of Judge of any court, the Governor shall fill such va- 
cancy ^by appointment, which shall expire when a successor 
shall have been elected and qualified. 

Sec. 19. He shall issue writs of election to fill such vacan- 
cies as may have occurred in the General Assembly. 

Sec. 20. Should the seat of Government become dangerous 
from disease or a common enemy, he may convene the General 
Assembly at any other place. 

Sec 21. The Lieutenant Governor shall, by virtu of his 
office, be President of the Senate ; have a right, when in Com- 
mittee of the Whole, to join in debate, and to vote on all sub- 
jects, and, whenever the Senate shall be equally divided, he 
shall give the casting vote. 

Sec. 22. The Governor shall, at stated times, receive for his 
services a compensation which shall neither be increased nor 
diminished during the term for which he shall have been 
elected. 

Sec. 23. The Lieutenant Governor, while he shall act as 
President of the Senate, shall receive for his services the same 
compensation as the Speaker of the House of Representatives; 
and any person acting as Governor shall receive the compensa- 
tion attached to the office of Governor. 

Sec 24. Neither the Governor nor Lieutenant Governor 
shall be eligible to any other office during the term for which 
he shall have been elected. 



ARTICLE VL 

ADMINISTRATIVE. 

Section 1. There shall be elected by the voters of the State, 
a Secretary, an Auditor, and a Treasurer of State, who shall 
severally hold their offices for two years. They shall perform 
such duties as may be enjoined by law ; and no person shall be 
eligible to either of said offices more than four years in any 
period of six years. 

Sec 2. There shall be elected in each county, by the ^voters 
thereof, at the time of holding'' general elections, a Clerk of the 
Circuit Court, Auditor, Recorder, Treasurer, Sherifi", Coroner, 



268 SCHOOL LAW OF INDIANA. 

and Surveyor. The Clerk, Auditor and Recorder shall con- 
tinue in office four years; and no person shall be eligible to the 
office of Clerk, Recorder or Auditor more than eight years in 
any period of twelve years. The Treasurer, Sheriff, Coroner^., 
and Surveyor, shall continue in office two years ; and no person 
shall be eligible to the office of Treasurer or Sheriff more than 
four years in any period of six years. 

Sbo. 3. Such other county and township officers as may be 
necessary, shall be elected or appointed, in such manner as may 
be prescribed by law. 

Sec. 4. No person shall be elected or appointed as a county 
officer, who shall not be an elector of the county ; nor any one 
who shall not have been an inhabitant thereof during one year- 
next preceding his appointment, if the county shall have been 
80 long organized ; but if the county shall not have been so 
long organized, then within the limits of the county or coun- 
ties out of which the same shall have been taken. 

Sec. 5. The Governor, and the Secretary, Auditor and. 
Treasurer of State, shall, severally, reside and keep the public 
records, books and papers, in any manner relating to the re- 
spective offices, at the seat of government. 

Sec. 6. All county, township, and town officers shall reside- 
within their respective counties, townships, and towLS, and 
shall keep their respective offices at such places therein, and 
perform such duties as may be directed by law. 

Sec. 7. All State officers shall, for crime, incapacity, or neg- 
ligence, be liable to be removed from office, either by impeach- 
Dieiit. by the House of Representatives, to be tried by the Sen-- 
ate, or by a joint resolution of the General Assembly ; two- 
thirds of the members elected to each branch voting, in either- 
case, therefor. 

Sec. 8. All State, county, township, and town officers may 
kbe impeached, or removed from office, in such manner as may 
»be prescribed by law. 

Sec 9. Vacancies in county, township, and town officer 
'shall be filled in such manner as may be prescribed by law. 

Sec. 10. The General Assembly may confer upon the Boards 
doing county business in the several counties, powers of a locaL 
administrative character. 



CONSTITUTION. 269 



ARTICLE VII. 



JUDICIAL. 



Section 1. The Judicial power of the State shall be vested 
in a Supreme Court, in Circuit Courts, and in such other courts 
as the General Assembly may establish. 

Sec. 2. The Supreme Court shall consist of not less than 
three, nor more than five Judges; a majority of whom shall 
form a quorum. They shall hold their offices for six years, if 
they so long behave well. 

Sec. H, The State shall be divided into as many districts as 
there are Judges of the Supreme Court, and such districts shall 
be formed of contiguous territory, as nearly equal in popula- 
tion as, without dividing a county, the same can be made. One 
of said Judges shall be elected from each district, and reside 
therein ; but said Judge shall be elected by the electors of the 
State at large. 

Sec. 4. The Supreme Court shall have jurisdiction, co- ex- 
tensive with the limits of the State, in appeals and writs of 
error, under such regulations and restrictions as may be pre- 
scribed by law. It shall also have such original jurisdiction as 
the General Assembly may confer. 

Sec 5. The Supreme Court shall, upon the decision of every 
'Case, give a statement in writing of each question arising in the 
record of such case, and the decision of the Court thereon. 

Sec. 6. The General Assembly shall provide by law, for the 
speedy publication of the decisions of the Supreme Court, made 
under this Constitution, but no judge shall be allowed to re- 
yport such decision. 

Sec. 7. There shall be elected by the voters of the State, a 
C!f rk of the Supreme Court, who shall hold his office four years, 
and whose duties shall be. prescribed by law. 

Sec. 8. The Circuit Courts shall each consist of one judge, 
and shall have such civil and criminal jurisdiction as may be 
prescribed by law. 



270 SCHOOL LAW OF INDIANA. 

Sec. 9. The State shall, from time to time, be divided int* 
judicial circuits, and a judge for. each circuit shall be elected by 
the voters thereof. He shall reside within the circuit, and shall 
hold his office for the term of six years, if he so long behave 

well. 

Sec. 10. The General Assembly may provide, by law, that 
the judge of one circuit may hold the courts of another circuit, 
in cases of necessity or convenience; and in case of temporary 
inability of any judge, from sickness or other cause, to hold 
the courts in his circuit, provision may be made, by law, for 
holding such courts. 

Sec. 11. There shall be elected, in each judicial circuit, by 
the voters thereof, a prosecuting attorney, who shall hold hi& 
office for two years. 

Sec. 12. Any judge or prosecuting attorney, who shall have 
been convicted of corruption or other high crime, may, on in- 
formation in the name of the State, be removed from office by 
the Supreme Court, or in such other manner as may be pre- 
scribed by law. 

Sec. 13. The judges of the Supreme Court and Circuit 
Courts shall, at stated times, receive a compensation, which 
shall not be diminished during their continuance in office. 

SisC. 14. A competent number of justices of the peace shall 
be elected by the voters in each township in the several coun- 
ties. They shall continue in office four years, and their powers 
and duties shall be prescribed by law. 

Sec 15. All judicial officers shall be conservators of the 
peace in their respective jurisdictions. 

Sec. 16. No person elected to any judicial office shall, during 
the term for which he shall have been elected, be eligible to 
any office of trust or profit under the State, other than a judi- 
cial office. 

Sec 17. The General Assembly may modify or abolish the- 
Grand Jury system. 

Sec 18. All criminal prosecutions shall be carried on in the- 
name, and by the authority of the State ; and the style of all 
proceBsea shall be, " The State of Indiana." 



CONSTITUTION. 271 

Sec. 19. Tribunals of conciliation may be established, with 
such powers and duties as shall be prescribed by law ; or the 
powers and duties of the same' may be conferred upon other 
courts of justice; but such tribunals or other courts, when sit- 
ting as such, shall have no power to render judgment to be 
obligatory on the parties unless they voluntarily submit their 
matters of difference and agree to abide the judgment of such 
tribunal or court. 

Sec 20. The General Assembly, at its first session after the 
adoption of this Constitution, shall provide for the appointment 
of three commissioners whose duty it shall be to revise, sim- 
plify and abridge the rules, practice, pleadings and forms of the 
courts of justice. And they shall provide for abolishing the 
distinct forms of action at law now in use; and that justice shall 
be administered in a uniform mode of pleading, without dis- 
tinction between law and equity. And the General Assembly 
may, also, make it the duty of said commissioners to reduce 
into a systematic code the general statute law of the State; and 
said commissioners shall report the result of their labors to the 
General Assembly, with such recommendations and suggestions, 
as to the abridgement and amendment, as to said commissioners 
may seem necessary or proper. Provision shall be made by 
law for filliug vacancies, regulating the tenure of office and the 
compensation of said commissioners. 

Sec. 21. Every person of good moral character, being a 
voter, shall be entitled to admission to practice law in all 
courts of j ustice. 



ARTICLE VIII. 



EDUCATION. 

Section 1. Knowledge and learning generally diffused 
throughout a community, being essential to the preservation of 
a free government, it shall be the duty of the General Assem- 
bly to encourage, by all suitable means, moral, intellectual, sci- 
entific and agricultural improvement, and to provide by law for 
a general and uniform system of common schools, wherein 
tuition shall be without charge, and equally open to all. 



272 SCHOOL LAW OF INDIANA. 

Sec. 2. The common school fund shall consist of the con- 
gressional township fund, and the lands belonging thereto; 

The surplus revenue fund; 

The saline fund, and the lands belonging thereto; 

The bank tax fund, and the fund arising from the one hun- 
d. ed and fourteenth section of the charter of the State Bank 
oi Indiana; 

The fund to be derived from the sale of countj seminaries, 
ai,d the moneys and property heretofore held for such semi- 
mries; from the fines assessed for breaches of the penal laws 
of the State; and from all forfeitures which may accrue; 

All lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance; 

All lands that have been or may hereafter be granted to the 
State, where no special purpose is expressed in the grant, and 
the proceeds of the sales thereof; including the proceeds of the 
sales of the Swamp Lands granted to the State of Indiana by 
the act of Congress, of the 28th of September, 1850, after de- 
ducting the expense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed 
by the General Assembly for Common School purposes. 

Sec. 3. The principal of the Common School Fund shall 
remain a perpetual fund, which may be increased, but shall 
never be diminished ; and the income thereof shall be inviola- 
bly appropriated to the support of Common Schools, and to no 
other purpose whatever. 

Sec. 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School 
Fund as have not heretofore been entrusted to the several 
counties; and shall make provisions, by law, for the distribu- 
tion, among the several counties, of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion ol 
such interest for Common School purposes, the same shall be 
reinvested for the benefit of such county. 

Sec 6. The several counties shall be held liable for the pre- 
sr rvation of so much of the said fund as may be entrusted to 
them, and for the payment of the annual interest thereon. 



CONSTITUTION. 273 

Sec. 7. All trust funds held by the State shall remain invio- 
late, and be faithfully and exclusively applied to the purposes 
for which the trust was created. 

Sec. 8. The General Assembly shall provide for the election, 
by the voters of the State, of a State Superintendent of Public 
Instruction, who shall hold his office for two years, and whose 
^duties and compensation shall be prescribed by law. 



ARTICLE IX. 

STATE INSTITUTIONS. 

Section 1. It shall be the duty of the General Assembly to 
provide by law for the support of Institutions for the Education 
X)f the Deaf and Dumb, and of the Blind ; and, also, for the 
treatment of the Insane. 

Sec. 2. The General Assembly shall provide Houses of Ref- 
uge for the correction and reformation of juvenile offenders. 

Sec 3. The County Boards shall have power to provide 
farms as an asylum for those persons who, by reason of age, 
infirmity, or other misfortune, have claims upon the sympathies 
4ind aid of society. 

ARTICLE X. 

finance. 

Section 1. The General Assembly shall provide, by law, for 
a uniform and equal rate of assessment and taxation ; and shall 
prescribe such regulations as shall secure a just valuation for 
taxation of all property, both real and personal, exceptiug such 
only for municipal, educational, literary, scientific, religious or 
chariiable purposes, as may be specially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of the 
public works belonging to the State, and from the net annual 
income thereof, and any surplus that may, at any time, remain 
in the Treasury derived from taxation for general State pur- 
poses, after the payment of the ordinary expenses of the gov- 
ernment, and of the interest on bonds of the State, other than 



274 SCHOOL LAW OF INDIANA. 

bank bonds, shall be annually applied, under the direction of 
the General Assembly, to the payment of the principal of the 
public debt. 

Sec. 3. No money shall be drawn from the Treasury but in 
pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expendi- 
tures of the public money shall be published with the laws of 
each regular session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on 
behalf of the State, except in the following cases : To meet 
casual deficits in the revenue; to pay the interest on the State 
debt; to repel invasion, suppress insurrection, or, if hostilities 
be threatened, provide for public defense. 

Sec. 6. No county shall subscribe for stock in any incorpo- 
rated company, unless the same be paid for at the time of such 
subscription ; nor shall any county loan its credit to any incor- 
porated company, nor borrow money for the purpose of taking- 
stock in any such company; nor shall the General Assembly 
ever, on behalf of the State, assume the debts of any county^ 
city, town or township, nor of any corporation whatever. 

Sec. 7. No law or resolution shall ever be passed by the 
General Assembly of the State of Indiana that shall recognize 
any liability of this State to pay or redeem any certificate of 
stock issued in pursuance of an act entitled "An act to pro- 
vide for the funded debt of the State of Indiana, and for, the 
completion of the Wabash and Erie Canal to Evansville," 
passed January 19, 1846, and an act supplemental to said act 
passed January 29, 1847, which by the provisions of the said 
acts, or either of them, shall be payable exclusively from the 
proceeds of the canal lands, and the tolls and revenues of the 
canal in said acts mentioned; and no such certificates of stocks 
shall ever be paid by this State. 

[Note. — Agreed to by a majority of the members elected to each of the twa 
houses of the General Assembly, Eegular Session of 1871, and referred to the Gen- 
eral Assembly to be chosen at the next general election. Agreed to by a majority 
of the members elected to each house of the General Assembly, Special Session of 
1872. Submitted to the electors of the State by an act approved January 28, 1873. 
Ratified by a majority of the electors, at an election held on the 18th day of Feb- 
ruary, 1873. Declared a part of the Constitution by proclamation of Thomas A. 
Hendricks, Governor, dated March 7, 1873.] 



CONSTITUTION. 27^ 



ARTICLE XL 

CORPORATIONS. 

Section 1. The General Assembly shall not have power tO' 
establish, or incorporate any bank or banking company, or 
moneyed institution, for the purpose of issuing bills of credit, 
or bills payable to order or bearer, except under the conditions 
prescribed in this Constitution. 

Sec. 2. JSTo bank shall be established otherwise than under a 
general banking law, except as provided in the fourth section 
of this article. 

Sec. 3. If the General Assembly shall enact a general bank- 
ing law, such law shall provide for the registry and counter- 
signing, by an officer of State, of all paper credit designed ta 
be circulated as money ; and ample collateral security, readily 
convertible into specie, for the redemption of the same in gold 
or silver, shall be required; which collateral security shall be 
under the control of the proper officer or officers of the State. 

Sec. 4. The General Assembly may also charter a bank with, 
branches, without collateral security, as required in the preced- 
ing section. 

Sec. 5. If the General Assembly shall establish a bank 
with branches, the branches shall be mutually responsible for 
each other's liabilities, upon all paper credit issued as money.. 

Sec. 6. The stockholders in every bank, or banking ccifftT- 
pany, shall be individually responsible to an amount over and 
above their stock, equal to their respective shares of stock, for 
all debts or liabilities of said bank or banking company. 

Sec. 7. All bills or notes issued as money, shall be, at ail 
times, redeemable in gold or silver; and no law shall be passed,. 
sanctioning, directly or indirectly, the suspension, by any bank 
or banking company, of specie payments. 

j Sec. 8. Holders of bank notes shall be entitled, in case of 
I insolvency, to preference of payment over all "other creditors. 

! Sec, 9. No bank shall receive, directly or indirectly, a greater 
rate of interest than shall be allowed by law to individuals 
k)aning money. - - 



SCHOOL LAW OF INDIANA. 

'Ssc. 10. Every bank, or banking company, shall be required 
to cease all banking operations within twenty years from the 
tiiiie of its organization, and promptly thereafter to close its 

buoinese. 

iSec. 11. The General Assembly is not prohibited from in- 
vesting the trust funds in a bank with branches ; but in case 
of su€h investment, the safety of the same shall be guaranteed 
by unquestionable security. 

.Sec. 12. The State shall not be a stockholder in any bank, 
after the expiration of the present bank charter; nor shall the 
^credit of the State ever be given, or loaned, in aid of any per- 
.«0u, association, or corporation, nor shall the State hereafter, 
become a stockholder in any corporation or association. 

Sec. 13. Corporations, other than banking, shall not be cre- 
mated by special act, but may be formed under general laws. 

Sec. 14. Dues from corporations, other than banking, shall 
'be secured by such individual liability of the corporators, or 
^:0ther means, as may be prescribed by law. 



ARTICLE XIL 

MILITIA. 

"Beotiott 1. The militia shall consist of all able-bodied white 
inale persons between the ages of eighteen and forty-five years, 
except such as may be exempted by the laws of the United 
States, or of this State ; and shall be organized, officered, armed, 
■equipped and trained in such manner as may be provided by 
law. 

Seo. 2. The Governor shall appoint the Adjutant, Quarter- 
-master and Commissary Generals. 

Sec. 3. All militia officers shall be commissioned by the 
Governor, and shall hold their offices not longer than six years. 

Sec. 4. The General Assembly shall determine the method 
of dividing the militia into divisions, brigades, regiments, bat- 
talions and companies, and fix the rank of all staft" officers. 

Sec. 5. The militia may be divided into classes of sedentary 
and active militia in such manner as shall be prescribed by law. 



CONSTITUTION. 27 T 

Shc. 6. No person coDScientiously opposed to bearing arms 
8'hall be compelled to do militia duty ; but such person shall 
pay an equivalent for exemption ; the amount to be prescribed 
by law. 

ARTICLE XIII. 

POLITICAL AND MUNICIPAL CORPOKATIONS. 

Section 1. No political or municipal corporation in this^ 
State shall ever become indebted, in any manner or for any 
purpose, to any amount, in the aggregate exceeding two per 
centum on the value of taxable property within such corpora- 
tion, to be ascertained by the last assessment for State- and 
county taxes, previous to the incurring of such indebtednesSy. 
and all bonds or obligations, in excess of such amount, given 
by such corporations, shall be void : Provided^ That in time of 
war, foreign invasion, or o4her great public calamity, on peti- 
tion of a majority of the property owners, in number and value^. 
within the limits of such corporation, the public authorities, in 
their discretion, may incur obligations necessary for the pnblic; 
protection and defense, to such an amount as may be requested: 
in such petition, 

[The original Article 13 is stricken out and the amendment of March 24, 1881m., 
inserted in lieu thereof.] 

ARTICLE XIV. ,' 

BOUNDARIES. 

Section 1. In order that the boundaries of the State may^ 
be known and established, it is hereby ordained and declared^, 
that the State of Indiana is bounded on the east by the me- 
ridian line which forms the western boundary of the Slate of 
Ohio; on the south by the Ohio River, from the mouth of the- 
Great Miami River to the mouth of the Wabash River; on the 
west, by a line drawn along the middle of the Wabash River, 
from its mouth to a point where a due north line, drawn front 
the town of Vincennes, would last touch the norfchwestertt. 
shore of said Wabash River; and thence by a due north line^ 
until the same shall intersect an east and west line, drawn 
through a point ten miles north of the southern extreme ol 



278 SCHOOL LAW OF Il^DIANA. 

Lake Michigan ; on the north, by said east and west line, until 
the same shall intersect the first-mentioned meridian line, which 
forms the western boundary^of the State of Ohio. 

Sec. 2. The State of Indiana shall possess jurisdiction, and 
sovereignty co-extensive with the boundaries declared in the 
preceding section; and shall have concurrent jurisdiction, in 
civil and criminal cases, with the State of Kentucky on the 
Ohio River, and with the State of Illinois on the Wabash River, 
80 far as said rivers form the common boundary between this 
State and said States respectively. 



ARTICLE XV. 

MISCELLANEOUS. 

Section 1. All officers whose appointment is not otherwise 
'provided for in this Constitution, shall be chosen in such man- 
ner as now is, or hereafter may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided for 
by this Constitution, it may be declared by law ; and if not so 
declared, such office shall be held during the pleasure of the 
authority making the appointment. But the General Assem- 
bly shall not create any office, the tenure of which shall be 
longer than four years. 

Sec 3. Whenever it is provided in this Constitution, or in 
any law which may be hereafter passed, that any officer, other 
than a member of the General Assembly, shall hold his office 
for any given term, the same shall be construed to mean that 
such officer shall hold his office for such term, and until his 
successor shall have been elected and qualified. . 

Sec. 4. Every person elected or appointed to any office un- 
der this Constitution shall, before entering on the duties 
thereof, take an oath or affirmation to support the Constitution 
of this State and of the United States, and also an oath of 
office. 

Seo. 5. There shall be a seal of the State, kept by the Gov- 
ernor for official purposes, which shall be called the Seal of the 
State of Indiana. 



CONSTITUTION. 279 

Sec. 6. All commissions shall issue in the name of the State, 
shall be signed by the Governor, sealed by the State Seal, and 
attested by the Secretary of State. 

Sec. 7. No county shall be reduced to an area less than four 
hundred square miles; nor shall any county under that area be 
further reduced. 

Skc. 8. No lottery shall be authorized, nor shall the sale of 
lottery tickets be allowed. 

Sec. 9. The following grounds owned by the State in In- 
dianapolis, namely : the State House Square, the Governor's 
■ Circle, and so much of out- lot numbered one hundred and forty- 
seven as lies north of the arm of the Central Canal, shall not 
be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to 
provide for the permanent enclosure and preservation of the 
Tippecanoe Battle Ground. 



ARTICLE XVI. 



AMENDMENTS. 

Section 1. Any amendment or amendments to this Consti- 
tution may be proposed in either branch of the General As- 
sembly; and if the same shall be agreed to by a majority of 
the members elected to each of the two houses, such proposed 
anundment or amendments shall, with the yeas and nays 
thereon, be entered on their journals and referred to the Gen- 
eral Assembly to be 'chosen at the next general election ; and, 
if in the General Assembly so next chosen, such proposed 
amendment or amendments shall be agreed to by a majority of 
all the members elected to each house, then it shall be the duty 
of the General Assembly to submit such amendment or amend-' 
ments to the electors of the State, and if a majority of said 
electors shall ratify the same, such amendment or amendments 
shall become a part of this Constitution. 

Sec. 2, If two or more amendments shall be submitted at 
the same time, they shall be submitted in such manner that the 

20 — School Laws. 



280 SCHOOL LAW OF INDIANA. 

electors shall vote for or against each of such amendments sep- 
arately; and while such an amendment or amendments whicfe 
shall have been agreed upon by one General Assembly shall be? 
awaiting the action of the succeeding General Assembly, or of 
the electors, no additional amendment or amendments shall be 
proposed. 

SCHEDULE. 

This Constitution, if adopted, shall take effect on the first- 
day of ISTovember, in the year one thousand eight hundred and 
fifty-one, and shall supersede the Constitution adopted in the 
year one thousand eight hundred and sixteen. That no iucon- 
venience may arise from the change in the government, it m 
hereby ordained as follows: 

First All laws now in force, and not inconsistent with thiS' 
Constitution, shall remain in force until they shall expire or be 
repealed. 

Second. All indictments, prosecutions, suits, pleas, p]aiut» 
and other proceedings pending in any of the Courts, sh?!)! be 
prosecuted to final judgment and execution ; and all appeals, 
writs of error, certiorari and injunctions shall be carried on io- 
the several Courts, in the same manner as is now provided by 
law. 

Third. All fines penalties and forfeitures, due or accrniug- 
to the State, or to any county therein, shall inure to the State^ 
or to such county in the manner prescribed by law. All brmds 
executed to the State, or to any officer, in his official capacity^ 
shall remain in force, and inure to the use of those concerned. 

Fourth. All acts of incorporation for municipal purposes 
shall continue in force under this Constitution, until such time 
as the General Assembly shall, in its discretion, modify or re- 
peal the same. 

Fifth. The Governor, at the expiration of the present official 
term, shall continue to act until his successor shall have beea 
sworn into office. 

Sixth. There shall be a session of the General Assemblyy 
commencing on the first Monday of December, in the year on© 
thousand eight hundred and fifty-one. 



CONSTITUTION. 281 

Seventh. Senators now in office and holding over, under the 
•existing Constitution, and such as maj- be elected at the next 
.general election, and the Representatives then elected, "shall 
•^<}ontinue in office until the first general election under this 
"Constitution. 

Eighth. The first general election under this Constitution 
shall be held in the year one thousand eight hundred and fifty- 
two. 

Ninth. The first election for Governor, Lieutenant Governor, 
Judges of the Supreme Court and Circuit Courts, Clerk of the 
Supreme Court, Prosecuting Attorney, Secretary, Auditor, and 
Treasurer of State, and State Superintendent of Public Instruc- 
tion, under this Constitution, shall be held at the general elec- 
tion in the year one thousand eight hundred atid fifty-two; and 
fiuch of said officers as may be in office when this Constitution 
-shall go into efi'ect, shall continue in their respective offices 
antil their successors shall have been elected and qualified. 

I'evth. Every person elected by popular vote, aud now in 
any office which is continued by this Constitution, and every 
person who shall be so elected to any such office before the tak- 
ing efiect of this Constitution (except as in this Constitution 
otherwise provided), shall continue in office until the term for 
which such person has been, or may be, elected, shall expire: 
Provided, That no such person shall continue in office after the 
taking effect of this Constitution, for a longer period than the 
term of such office in this Constitution prescribed. 

Eleventh. On the taking efiect of this Constitution, all officers 
thereby continued in office shall, before proceeding in the fur- 
ther discharge of their duties, take an oath or affirmation to 
support this Constitution. 

Twelfth. All vacancies that may occur in existing offices" 
prior to the first general election under this Constitution, shall 
be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution to 
the electors for their approval or disapproval, the article num- 
bered^thirteen, in relation to negroes and mulattoes, sluiU be 
submitted as a distinct proposition, in the following form : "Ex- 
clusion and Colonization of Negroes and Mulattoes," "Aye," or 



282 SCHOOL LAW OF INDIANA. 

" No." And if a majority of the votes cast shall be in favor of 
said article, then the same shall form a part of this Constitution^ 
otherwise it shall be void and tofm no part thereof. 

Fourteenth. No article or section of this Constitution shall 
be submitted as a distinct proposition to a vote of the electors 
otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties 
of Perry and Spencer shall deem it expedient to form, of the 
contiguous territory of said counties, a new county, it shall be 
the duty of those interested in the organization of such new 
county, to lay oiF the same by proper metes and bounds of equal 
portions as nearly as practicable, not to exceed one-third of the 
territory of each of said counties. The proposal to create such 
new county shall be submitted to the voters of said counties, 
at a general election, in such manner as shall be prescribed by 
law. And if a majority of ail the votes given at said election 
shall be in favor of the organization of said new county, it shall 
be the duty of the General Assembly to organize the same out 
of the territory thus designated. 

Sixteenth. The General Assembly may alter or amend the 
charter of Clarksville, and make such regulations as may be 
necessary for carrying into effect the objects contemplated in 
granting the same, and the funds belonging to said town shall 
be applied according to the intention of the grantor. 

Done in Convention, at Indianapolis, the tenth day of Feb- 
ruary, in the year of our Lord, one thousand eight hundred and 
fifty-one; and of the independence of the United States, the 
seventy-fifth. 

GEORGE WHITFIELD CARR, 
President and Delegate from the County of Lawrence, 

Attest : Wm. H. English, 

Principal Secretary. 

Geo. L. Sites, 
Herman G. Barkwbll, 
Robert M. Evans, 

Assistant Secretaries, 



CONSTITUTION. 283 



• The original sections stricken out or amended read as follows ; 

ARTICLE II. 

SUFFRAGE AND ELECTION. 

Section 2. In all elections, not otherwise provided for by this Constitution, 
every white male citizen of the United States, of the age of twenty-one years and 
upwards, who shall have resided in the State during the six montlas immediately 
preceding such election; and every white male, of foreign birth of the age of 
twenty-OEe years and upwards, who shall have resided in the United States one 
year, and shall have resided in this State during the six months immedial. ly pre- 
ceding such election, and shall have declared his intention to become a citizen of 
the United States, conformably to the laws of the United States on the subject of 
naturalization, shall be entitled to vote in the township or precinct where he may 
reside. 

Sec. 5. No negro or mulatto shall have the right of sufTraj^e. 

Sec. 14. All general elections shall be held on the second Tuesday in October. 

ARTICLE IV. 

LEGISLATIVE. 

Section 4. The General Assembly shall, at its second session after the adop- 
tion of this Constitution, and every six years thereafter, cause an enumeration to 
be made of all the white male inhabitants over the age of twenty-one years. 

Sec. 5. The number of Senators atid Representatives shall, at the session next 
following each period of making such enumeration, be fixed by law, and appor- 
tioned among the several counties, according to the number of white male inhabi- 
tants, above twenty-one years of age, in each : Provided, That the first and second 
elections of members of the General Assembly, under this Constitution, shall be 
according to the apportionment last made by the General Assembly, belore the 
adoption of this Constitution. 

Sec. 22. In relation to fees or salaries : 

ARTICLE VIL 

judicial. 

Section 1. The judicial power of the State shall be vested in a Supreme 
Court, in Circuit Courts, and in such inferior courts as the General Assembly may 
establish. 

ARTICLE XIII. 

NEGROES AND MULATTOES. 

Section 1. No negro or mulatto shall come into, or settle in, the State, after 
the adoption of this Constitution. 

Sec. 2. All contracts made with any negro or mulatto coming into the State, 
contrary to the provisions of the foregoing section, shall be void; and any person 
who shall employ such negro or mulatto, or otherwise encourage him to remain in 
the State, shiill be fined in any sum not less than ten dollars, nor more than five 
hundred dollars. 

Sec. 3. All fines which may be collected for a violation of the provisions of 
th's article, or of any law which may hereafter be passed for the purpose of carry- 
ing the same into execution, shall be set apart and appropriated for the coloniza- 
tion of such negroes and mulattoes, and their descendants, as may be in the State 
at the adoption of this Constitution, and may be willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the provisions oi 
th.s article. 



I N D EIX. 



A. 

SEC. 
Accounts, Auditor keeps with 

Congressional Township . 4327 
Auditor, keeps of land in an- 
other county .... 4334, 4335 
Congressional Township of, 

how kept 4327 

Correction of Trustees' . ■ . 4456 
Funds of divided Township 

4335, 4337 
Funds, Congressional, how 

kept . 4327 

Inspection of Trustees' . 4454, 4455 
Miscellaneous school funds 4403 

Eecord of 4441, 4442 

Acknowledgment of school mort- 
gages n. 1, 4381 

Action. See Suit. 

By successor n. 15, 4440 

By County Commissioners 

to recover rent . . . . n. 2, 187 
Will lie against county for de- 
ductions from school fund n. 3, 188 
Additional branches, examina- 
tion of teachers in. 

n. 13, 4425, 4502 

Voters determine 4499 

Administration of school system 

4406 to 4464 
Adoption of text books. See 

Books. 
Advertisement of unloaned funds. 4369a 
Advertisement of funds 4352a 

For school book bids, See Books. 

Alcohol, teaching effect of use of . 4497e 

Anticipation of revenue . . n. 8, 4441 ; 

n. 1, 4442; n. 1,4470; n. 3, 4487a 

Apparatus, Trustee provides . . 4444 

See Furniture. 
Appeals from director to Trus- 
tee. ... 4506 
Expulsion of pupil . . n. 1, 4505 
See suspension. 
Appeal to County Superinten- 
dent from Trustee .... 4537 
C-ontracts concerning . . n. 3, 4537 
Courts, jurisdiction of. n. 3, 4, 4537 



A. 

Appeal to County Sup't — Con. sec 
Dismissal of teachers . . n. 3, 4537 
District, abolishing . . n. 6, 449^ 
Final . . . n. 9, 4637, 4499 

Joint graded school . . n. 1, 4517 
Jurisdiction of courts 

n. 3, 4537, 4429 
Location of school house 

n. 4, 5, 449& 

Notice of n. 1, 4537 

Power of Superintendents . 4537 
Private schools . . . . n. 3, 4509 

Procedure n. 1, 4537 

Eight to bring action, does 

not prevent 4429 

Transfer n. 1, 447a 

Trial of n. 6, 7, 4537 

Trustee's discretion . . n. 5, 4499 
Witnesses . n. 1, 4537; n. 1, 4538 
Appeal to State Superintendent 

4429, 4538 

Bond n. 1, 4538 

Evidence as to license . n. 13, 4538 
License, refusal to grant, 

n. 17, 4425 
Must be taken as to whole 

cause n. 3, 4538 

Notice of . n. 1, 4538 

Procedure n. 1, 4538 

Kules n. 4, 5, 6, 7, 8, 9, 4538 
State Superintendent's dis- 
cretion as to n. 11, 4538 
State Superintendent's de- 
cision final n. 15, 4538 

Time _ n. 2, 4538 

Transcript n. 1, 4538 

Trial n. 1, 2, 4538 

Tried de novo, 

n. 10, 4501 ; n. 12, 4538 
Witnesses • . n. 1, 4538 
Apportionment of County Aud- 
itor 4486 

Basis of 4432 

County Superintendent's 

duty as to . 4432 

District to, not made . ■ n. 3, 4499 



286 



SCHOOL LAW OF INDIANA. 



A. 

Apportionment of County Aud- 
itor — Con. SEC. 
Dog fund. See Dog fund. 
Equal distribution of . . n. 5, 4482 
Instructions to County Aud- 
itor . . .... n. 1, 4479 

June apportionment n. 2, 4482 

Method of making is valid, 

n. 1, 4486 
Eeport of State Superintend- 
ent. 4486 

Kule for making . . . . n. 4, 4486 
Town recently incorporated, 

n. 5, 4486 

Validity n. 1, 4486 

Apportionment of loans .... 4402 
Apportionment by Trustee among 

schools of township . , n. 3, 4499 
Appraisement of school lands for 

sale 4344 

Forfeited lands ... 4394a 

Lands offered for mortgag- 
ing .. . . . 4371, 4372 
Lands remaining unsold . 4352 
Keappraisement, 

4352, 4352b, 4394a 
Appropriations, permanent, 

4408, 4412 ; n. 1, 4423 

State Normal 4558 

Appropriations by County Com- 
missioners because of de- 
ficit . . n. 2, 4326, 4399 
Deficiency in sale of lands . 4394b 
Assault and battery, teacher may 

be guilty of. . - n. 8, 12, 4505 
Teacher assaulted may re- 
cover damages for . . n. 2, 4507 
Attached, defined . . n. 5, 4498 

Attorney, State Superintendent 

may employ n. 2, 4413 

Fee of, county must pay, 

n. 5, 188; n. 4, 4326 
Attorney - General, p o w e r t o 

bring suit . n. 1, 4435; n 3, 4326 
Auditor of county, acknowledg- 
ments may take 4379 

Accounts of Congressional 

Township, keeps 4327 

Appoints Township Trustee, 

when 4440 

Apportions revenues in 

county 4486 

Bids mortgaged lands in . . 4393 
Bond of Trustees, approves. 

4439, 4440 
Bond of County Superinten- 
dent, approves .... 4424 
Can not lend and borrow 

from School fund . . n. 3, 4334 



A. 

Auditor of county — Con. SEa 

Casting vote, gives, when . 4424 
Certificate of sale issues 

when old one lost .... 4360 

Deed for land sold, makes . 4395 

Duty as to transfer . n. 5, 6, 4473 ; 

n. 3, 4374 

Duty as to Congressional 

funds ... . 4333 to 4337 

Duty in election of County 

Superintendent . n. 3, 4, 5, 4424 
Fees for making loans . . . 4382 
For transfer of Congressional 

Fund 4337 

For sale of land . 4345 ; n. 2, 4391 
Income of land, reports of, 

received by 4328 

Interest, duty as to when un- 
paid n. 2, 4334 

Loans funds . . . . 4370, 4381 
Loans to himself void . n. 3, 4334 
Mandamus . . n. 2, 4467 

Miscellaneous fund account, 

distributes 4403 

Negligence of .... n. 4, 4375 

Notice of deficit 4326 

Of sale of lands 4391 

Oaths, administers. - 4379 
Penalty for failure to report 4481 
As to miscellaneous fund. 4405 
Relator in suits, when . n. 1, 4390 
Reports, condition of funds. 4398 
Of land in adjoining county 4336 
Of revenue for apportion- 
ment 4478, 4479 

Resale, makes of land . 4347, 4351 
Sells mortgaged lands . 4383, 4392 
School lands . . 4345 

Statement as to number of 

children ... . 4333 

Suits, brings for deficits . 4355, 4390 
To recover possession of 

lands mortgaged . 4383, 4383a 
Subrogation on part of pur- 
chaser ... n. 14, 4392 
Tax extends on duplicate . 4468 
How to manage transfers . n. 3, 4474 
Trustees' books, examines . 

4454, 4455 
Warrant draws for bor- 
rowed funds - . . 4873 
Waste, suit brings for . . . 4350 
When must bid ■ n. 13, 4392 
Auditor of State, draws warrant 

for county funds .... 4484 
For expense of State Board 

of Education ..... 4423 

Authority of two members of 

Board n. 26, 4501 



INDEX. 



28T 



B. 

Balance, unexpended, how de- sec. 
termined . .... n. 7, 4482 
Ballots for sale of lands, kind . . 4341 
Bank tax, part of school fund. 

183, 4325 
Bank stock, taxing ..... n. 5, 4467 

Bequests to schools 4514 

Bonds to aid 4513 to 4516 

Will, sufficiency of . - n. 4, 4437 
Bible, not excluded from school 4493 
How used . _. n. 1, 2, 3, 4493 

Blanks, State Superintendent 

prepares . - 4415 
Furnishing County Super- 
intendent with .... n. 2, 4433 
Board of County Cmmissioners, 
accounts of Trustees ex- 
amine 4454, 4455 

Boundaries of township de- 
fine n. 1, 4331 

Deficit in funds made up . . 4326 
Dismiss County Superin- 
tendent _. - 4424 

Examine report of Auditor 

and Treasurer 4399 

Interest, pays up 4326 

Lands, order sold 4345, 4368 

Report concerning loans, 

make _ 4400 

School-house, can not build, 

n. 1, 4514 
School taxes, no control 

over . . _ . . n. 3, 8, 9, 4467 
Special sessions, power of 
at . . n. 12, 4441 

Board of Education. See County 
Board of Education, State 
Board of Education, and 
School Commissioners. 
Board of School Trustees, assent 
of majority essential to va- 
lidity of order . n. 22, 4439 
Bond on appeal . . . 4538 
Bond, borrowed money, does not 

cover n. 1, 4440 

Can not be enjoined n. 1.3, 4488 
Covers both civil and school 

township . n. 14, 4440 

Damages in suit on. n. 13, 4440 
Individual responsibility of 

members n. 28, 4501 

Liability of officer and surety 

on . . . n. 10, 4440 

School Board's ... 4439 

School Trustee's . 4440 

Superintendent of County of 4424 
When two boards act to- 
gether ....... n. 38, 4439 

Woman's 4541 



B. 

SEC. 
Bonds, for library building . . . 4527e 

Tax to pay 4527f 

Bonds, for school buildings . . . 4488 
Basis of valuation for issue, 

n. 3, 4488 
Bequest to aid in building, 

4514 to 4516 
By whom issued ... n. 2, 4488 

City may sell 4488 

Consent of Council necessary 4491 
Constitutionality of law . n. 7, 4488 
Contract for ground, author- 
izes issuing of . . n. 1, 4488 
Donations to aid . . . 4514 to 4516 
Excessive indebtedness . n. 6, 4488- 

Bonds, in cities . 4492a 

Bonds, official, suit on . . . n. 5, 4437 

Bonds, in large cities 4464a 

Legalizing issue of . . . n. 1, 4490 
Liability of Trustees for. n. 4, 4488 
Limit of issue ..... n. 3, 4488 
Proceeds of, use • . 448& 

Purchase of land, can not 

issue for .... n. 5, 4488 

Sale by Township Trustee . 4516 
School Commissioners may 

issue 4460, 4464a 

Special tax to pay . ... 4490 
Surplus revenue paid on . . 4492 
Township Trustee may issue, 

when 4514 to 4516 

Towns may sell 4488 

Transferrees taxed to pay 

n, 5, 6, 7, 4490 
Void, not, school house lo- 
cated outside of town, 

n. 8, 4488 ; n. 5, 4490' 
When may be issued . n. 8, 4441 
Books, advertising for bids . . 4421a 
Adoption for high schools, 

n. 4, 4436- 
Advertising for manuscripts, 4421q 
Affidavit of bidders .... 4421c 
Appropriations for expenses, 

44210, 4421U 
Attorney's fees, when re- 
coverable, 

4421], 44211, 4421v, 4421x 
Author to revise books . 4421qq 
Bids to furnish . . . 4421c, 4421q 
Conditions of . . 4421c, 4421q 
Investigation of 4421c, 4421q 
Opening of ... 4421 d, 4421 q 
Eejection of. . . . 4421c, 4421q 
Bidder, interest of . . . . 4421c 
Bond of County Superin- 
tendent 4421k, 4421w^ 

Branches of study 4421b 

Cash, sold for 4421h 



^Si 



SCHOOL LAW OF INDIANA. 



B. 

"Books — Con. SEC. 

Change of 4436 

Choice of n. 2, 4421b 

Constitutional, act of 1889 

is . . . n. 1, 4421b 

Contract for printing manu- 
script .... 4421e 
Not to be impaired .... 4421ee 
State not liable on ... . 4421d 
Contractor, damaged books, 

charged with .... 4421bb 
Bond of, new . ... 4421ww 
To file consent. . 4421hh. 4421pp 
Payment of ... ■ 442if, 4421z 
Reports to . ... 4421z 

Requisitions upon .... 4421v 

Eeshipment to 4421o 

Ships books . 4421h, 4421bb 

Copyright, gift to State . . 4421c 
County Board of Education 

considers 4436 

County Superintendent, laws, 

distributes ■ . 4421dd 

Liability for failure to re-* 
• port . . . 44211 

Makes requisition for . . . 4421h 
Notifies Trustees . . 4421h 

Reports to contractor 44211, 442111 

Sells 4421h 

Suits, brings . . - ■ • 4421 j 

Damaged, returned to con- 
tractor . . . 4421bb 
Debt, can not be contracted 

for by Trustee . . 4421o 

Defective, returned to con- 
tractor . . 4421bb 
Duty of merchants and 

dealers 4421kk 

Effect of act of 1889, 1891. 

1893 .... n. 4, 4436 

Embezzlement - . 4421 n, 4421y 
Excessive charge for, pen 

alty 4421m 

Failing to report — right of 

action . . . 4421mm, 4421nn 

Free, when 4421t 

Furnishing ........ 4421h 

Gift to State ...... 4421c 

Grading ..... 4421b 

.,;i Grammar, advertisement for 4421q 
Intermediate 4421rr 

History of United States, ad- 
vertisement for .... 4421 q 

How obtained . . • n. 5, 4436 

Interest of bidders .... 4421c 

Kind and requisites . . . 4421b 
Labels for ... 4421cc 

Laws, distribution of 4421dd 

Legislature may provide n. 6, 44o6 



B. 

Books — Co7i. SEC. 

Number requiredjCertificates 

to • • • . 4421h 

Officers to supply sufficient 

books . . 4421JJ 

Old books, disposition of - 4421h 
Orders for . . . 4421h, 4421r 

Packages of, not to be broken 4421 bb 
Partisan, forbidden . 4421b 

Pay of contractor . . 44211, 4421o 
Of Trustee 4421u 

Payments, failure to make . 4421y 
Report concerning . 4421u 

Physiology, advertisement for 4421q 
Poor receives free , 

n. 11, 4444, 4421b, 4421c, 4421t 
Preserved by Trustee, how 4421bb 
Price furnished at to State, 

4421d, 442lq 
To patrons ....... 4421h 

Printed on cover .... 4421 cc 

Trustee liable for .... 4421h 

Printing, contracts for 4421e 

Proclamation of Governor . 4421g 
Publishing, State may . . . 4421e 
Receipts for books . . 4421h, 4421 o 
Repeal of laws ..... 4421v 

Report of sales . . . 4421o 

-Report of sale, failure to 

make 4421j, 4421v 
By County Superintend- 
ent 4421x 

By Trustee 44211 

To contractor 44211 

Requisitions for books . . . 44211 

Limited . . . 4421r 

Revision, frequency of . . ■ 4421tt 

Standard of 4421uu 

To be scaled. 4421 qq 

Sale to merchants or dealers, 442111 
Sale for more than contract 

price a misdemeanor. . . 4421oo 
Sectarian forbidden ... 4421b 
Shipment, how made. . . . 4421bb 

Size 4421b 

Spelling - book, advertise- 
ment for ... 4421q 
State Board of Education a 

Board of Commissioners . 4421b 

Duties 4421b, 4421 q 

May sell old books . 4421h 

State Superintendent makes 

requisition for books . . . 4421h 
Prints and distributes laws . 4421dd 
State Board to meet .... 4421ss 

Suit against Trustee . . . 4421v 
Against County Superin- 
tendent. ... . . 4421x 

Supplemental act of 1891. . 4421ee 



INDEX. 



289'' 



B, 

Books — Con. 

Trustee certifies number re- sec. 

quired . 4421h 

Compelled to use . . n. 2, 4421h 

Damaged, returns .... 4421bb 

Furnishes patrons. . . . 4421h 

I Liability concerning. . . 4421v 

J Over-charging 4421m 

Pay .... 4421t 
Payment over of money 

received 4421i 

Personal liability .... 4421o 

Procures books .... 4421i 

Reports payment .... 4421u 

Reports number on hand. 4421u 

Reports, number sold . . 4421o 

Requisitions for, makes . 4421r 

Uniform use made of . . . 4421 z 

Use of, to be uniform . . . 4421z 

Boundaries of Townships, how 

regulated. 4331 

Bribery of public officer, n. 33, 4444 
Branches taught, district meet- 
ings determine 4499 

German 4497 

What shall be taught . . 4497, 4499 
Buildings. See house. 
Bureau of Statistics, County 
Superintendent furnishes 

statistics to, n. 3, 4431 ; 4, 5, 4433 

C. 

Calendar, as to term, week, month 4495 
Care of school property . n. 16, 4444 ; 
n. 2, 3, 4504 
Cash sales of school lands. . n. 1, 4393 
Cash advanced" to teacher . n. 43, 4501 
Certificate of liens on land 4375 

Of purchase 4353, 4356, 4357, 4360 
Charts, County Board of Educa- 
tion considers . . . 4436 

Children, age of 4472 

Colored, how provided for 4496 

Enumeration of . 4430, 4433, 4472, 

to 4476 

Cities not entitled to dog-tax. n.5, 4487a 

Claims, payment of, enforced by 

mandate . n. 7, 4442 

Classification of schools - . n. 4, 182 
Of pupils ... . n. 14, 4444 

College fund. State Auditor loans 

n. 17, 4325 
Colored children, convenient 
schools, entitled to, 

n. 5, 182; n. 2, 4496 
Discretion of school officers, 

n. 4, 4496 
Distinction can not be made 4496 
Enumeration of ... n. 7, 4472 



C. 

Colored children — Con. 

Equal privileges must have, sec. 
n. 3, 4496 
Graded schools may attend. 4496 
Laws concerning, valid n. 1, 4496 
Schools for 4496 

Separate schools for . . n. 5, 4496 
Mandate to compel . n. 4, 4496 
Permitted n. 5, 4496 

Commissioners. See Board of 
County Commissioners and 
School Commissioners. 
Common Council, authorizes is- 
sue of bonds for ... 4488 
Appoints school boards . . 4439 
Levies local tuition tax . n. 1, 4469 
Common law of the school . n. 11, 4505 
Compensation of teacher not af- 
fected by failure to send 

to school n. 22, 4501 

Conditional deed 4491 

Congressional township, account 

of, how kept 4327 

Apportionment of loans 

among 4402" 

Boundaries of 4331 

Care of lands of . - n. 16, 17, 4444 
Children in, enumeration of 4333- 

Funds of 4325 to 4337 

Consolidated . . ... . n. 1, 183 

Diminished, may not be . 4486 

Lands of _ 4328 to 4330 

Revenue from, how appor- 
tioned 4480 

Contempts, fines for belong to 

school fund n. 7, 4325 

Contest n. 50, 4439 

Contracts of trustees, generally, 

n. 13, 4444- 
Benefit to township, must be 

n. 2, 4438c 
Can not contract with them- 
selves as individuals . n. 28, 4439 
Must not conflict with law, 

n. 1.5, 4501 
Rescinding contract . . n. 17, 4501 
Complaint on, what juust 

show. n. 13, 4337 

Contracts bind township 
only when authorized bv 
law . . n, 21, 4437 ; n. 12, 4437 
Conditions precedent n. 4, 4329 
Period license must cover to 

make valid contract . n. 19, 4501 
Ratification of ... n. 39, 4439 
Void contract. . . n. 18, 4501 

With de facto board valid n. 23, 4501 

De/ac<o office n. 21, 4437" 

County Boards of Educa- 
tion n. 3, 4436i 



290 



SCHOOL LAW OF INDIANA. 



C. 

Contracts of trustees — Con. sec. 

Dictionaries, purchase of 

n. 12, 4444 
Employment of teachers, 

4501 and notes. 
House, school trustees make, 

n. 2, 5, 4437 
How made . n. lo, 4444 

Intent to bind township n. 3, 4437 
Maps . . n. 12, 4444 

ISIotes. See Notes. 
Old board may bind new 

board by . . . . n. 13, 4439 

Power to make . 4437, 4438 

Teachers. See Teachers. 
Township Trustee's power 

to make . n. 11, 4438 

'Contributions to joint schools, 

n. 3, 4444, 4513 
Trustee interested in . n. 27, 4439 
Coroner, property found on dead 

bodies . . . . n. 13, 4325 

Corporal punishment . . . n. 12, 4505 

Discouraged . . . n. 25, 4505 

Objects and purposes of. n. 33, 4505 

Teacher not liable for when 

n. 13, 4505 
When teacher may not in- 
flict . . . . n. 39, 4505 
Corporations may be assessed for 

schools . ... 183 

City is for school purposes . 4438 
Designation in suit. . . n. 3, 4438 
School district for civil, 

n. 2, 4437 ; n. 6, 4438 

Town is for school purposes 4438 

■Corporations, de facto . • . n. 29, 4439 

Costs, when not allowed in suit . 4535 

•County liable for school fund 

n. 5, 4326 
School house, can not 

build n. 5, 4517 

'County Auditor. See Auditor. 
County board of Education, 

members of 4436 

Acts of 1889 and 1891, ef- 
fect of ..... n. 5, 4436 
Adjourned meetings . . n. 1, 4436 
Adoption of books - . n. 4, 4436 
Contracts, can not make . n. 3. 4436 
County Superintendent pro- 
vides . . 4436 

Course of study . . n. 2. 11, 4436 
Duties . . . . ' 4436 

Meetings n. 1, 4436 

Quorum .... n. 2, 4436 

Kules, prescribing . . . n. 2, 4436 
'County Commmissioners, County 

Superintendent, removes . 4424 



C. 

County Commissioners — Con. sec. 

Deficit, make good . n. 2, 4326 

Discriminate against county 

officer, should not . n. 25, 4424 
Funds, examine reports of . 4399 
Must make reasonable al- 
lowance for incidental ex- 
pense of County Superin- 
tendent . . n. 2, 4433 
Report condition of funds 

4336, 4400 
Sales of land, ordered by 

n. 1, 4345 
School houses, can not build 

n. 1, 4514; n. 5, 4517 
School taxes, no control 

over n. 3, 4467 

Sessions to receive reports 

n. 12, 4441 
Settlement with school of- 
ficers 4399 

Settlement with county of- 
ficers does not conclude 
the State . . . n. 4, 188 

Trustees' accounts, inspects 

4454, 4456 
Trustees, may remove • 4456 

County Institute, see Institute 

(county). 
County Seminary, can not pur- 
chase n. 7, 4438 

County Superintendent, accounts 

of Trustees examines . 4454, 4455 
Address of, sent to State 

Superintendent 4424 

Agents for sale of books, can 

not be 4424 

Allowance of claim, effect, 

n. 3, 4433 
Appeal to and from. See 

Appeal. 
Appointment by Auditor, 

n. 3, 4424 
Apportionment, superintends, 

4432, 4434 

Blanks for n. 2, 4433 

Bond and approval, 

4424, and n. 24, 4424 
Failure to give . . . n. 24, 4424 
Under acts of 1889 and 1891, 

4421k, 4421x 
Books. See Books. 
Chairman of County Board 

of Education ... 4436 

Charges preferred against . 4424 
City schools, has no control 

over . . 4429 

Claims, collects ...... 4435 

Compensation 4433 



INDEX. 



291 



C. 

County Superintendent — Con. 

Course of study, when, may 

arrange n. 5, 

Decision final as to location 

of school house. . n. 9, 

Deprived of office, can not 

be n. 4, 

Discretion not controlled by 

courts n. 25, 

Dismissal, appeal from . n. 9, 

Duties, generally 

In examination 

As to school fund . . 
Legislature may prescribe, 
n. 6, 
JElection, when 

Acquiescence in election 

of ..... n. 14, 

Appointment for city, reg- 
ularity of. n. 17, 
Auditor voting. . n. 20, 21, 

Ballots n. 13, 

Casting vote • ■ 

Chairman, Auditor voting 

for n. 21, 

City Trustees can not vote 

for. ... n. 23, 

De jure officer. . . . n. 22, 

Disputed 

Evidence of n. 13, 

Illegal vote n. 18, 

Illegal ruling of. . . n. 28, 

Libel of n. 9, 

Mandamus will lie to com- 
pel issuance of license, 
when. n. 26, 

Meeting of Trustees to 

elect n. 3, 

Ministerial duty of. . n. 29, 
Mode of . ... 

Quorum necessary . . n. 2, 

Eecord of n. 12, 

Eegularity of ■ n. 8, 

Keported to State Superin- 
tendent ..... 
Tie . . . n. 20, 21, 

Town Trustees can not 

vote for n. 24, 

Trustees elect ... 

Failure to elect n. 3, 

Trustee voting for him- 
■ self n. 18, 

Present and not voting 
n. 19, 
Who elect him 
Decisions not reviewed by 

counts. ■ . . . n. 9, 

Decisions, final n. 10, 

Elevates standard of schools 



4429 

4499 

4424 

4425 
4424 
4429 
4425 
4435 

4436 
4424 

4424 

4424 
4424 
4424 
4424 

4424 

4424 
4424 
4424 
4424 
4424 
4425 
4436 



4425 

4424 
4425 
4424 
4424 
4424 
4424 

4424 
4424 

4424 
4424 
4424 

4424 

4424 
4424 

4537 
4537 
4429 



C. 

County Superintendent — Con. sec. 

Eligibility . . . n. 6, 4424 

Enumeration, duty to make 4431 
Examines teachers . 4425 

Expenses of, reasonable al- 
lowed . . . . n. 2, 4433 
Fines, collects .... 4435 
Forfeitures, collects .... 4435 
Institute, holds .... 4523 
Interest, collects . . . 4434, 4435 
Laws, distributes . . 4421dd 
Liability for refusing license 

n. 16, 4425 
Libeling n. 9, 4436 

License fees, may collect . . 4435 
Licenses. See licenses. 
Mandate to compel surren- 
der of records . n. 15, 4424 
May examine Trustees' 

books . ... n. 4, 4456 

Member of Board of. Edu- 
cation . . . 4436 
Mileage, not entitled to . n. 1, 4433 
Oath . - . 4424 
Office for . n. 10, 4424 ; n. 4, 4433 
Opinions, gives .... 4429 
Orders of State Board, car- 
ries out . . . 4429 
Ousting from office . . n. 4, 4424 

Pay 4433 

Powers of, not judicial . n. 16, 4425 
Postage _ n. 2, 4433 

Private examinations, can 

not make . . 4427 

Private schools, reports con- 
cerning . .... n. 2, 4431 
Qualifications of 4424 
Receipt, takes from succes- 
sor. . - . 4428 
Kecognition by State Super- 
intendent, effect . . . n. 7, 4424 
Pecognizance, collects 4435 
Record, keeps . n. 3, 4428 
Proof of contents of. . n 2, 4428 
Records, examines 4435 

Removal n. 26, 4424 

Report of apportionment . 4432 

Contracts. 4431 

Failure to make .... 4431 

Special 4431 

Statistics 4431 

To State Board of Education 4428 

Transfers 4468 

Resignation, withdrawal, n. 16, 4424 

Revokes license 4426 

School examiner, duties of, 

performs ... 4424 

Should not be discriminated 

against n. 25, 4424 



292 



SCHOOL LAW OF INDIANA. 



C. 

County Superintendent — Con. SEC. 

Stationery, furnishing . n. 2, 4433 
Statistics, reports, 

n. 3, 4431 ; n. 4, 5, 4433 
Suit, institutes ...... 4435 

Teacher, examines 4425 

Term ... . . . . n. 11,4424 

Township institute, attends. 4429 

Vacancy in office 4424 

Visits schools ...... 4429 

Duty to make . . . . n, 2, 4429 

Number n. 1, 4433 

Women ineligible to office 

of n. 1, 4540 

Course of study, how prescribed, 

n. 2, 4436 
By County Superintendent, 

n. 5, 4429 
By Trustee . n. 14, 4444; n. 5, 4429 
Courts, jurisdiction of . ■ . n. 3, 4537 
Not abridged by school law. 4429 
Will not review discretion- 
ary acts if not abused, 

n. 35, 4444 



D. 



Damages, Trustee liable for 10 

per cent ■ . 4441, and n. 7, 4441 
Amount of for wrongful dis- 
charge of teacher n. 13, 4501 
Day, school day, board may fix 

n. 25, 4439 
Dead bodies, property on belongs 

to schools n. 13, 4325 

Debts for future supplies . . n. 8, 4441 
Complaint to recover . . n. 8, 4441 
Liability of township upon, 

n. 8, 4441 
Limit of .... n. 7, 4467 

No authoritv to incur debt, 

n. 3, 4329 
Order of County Commis- 
sioners to create . . . n. 11, 4441 
Orders without considera- 
tion .... . . . n. 8, 4441 

Public officers not answerable in, 

when . . n. 11, 4501 

Tax to pay ... . - 4471 

Deductions from school fund, 

recovery of . . - n. 6, 4325 
Deed, evidence of what - . n. 2, 4395 
Conveyance made good by 
reference to another deed 

n. 15, 4392 
Forfeited bonds ..... 4395 

Recording n. 1, 4395 

Sale. See sale. 

Tender of n. 3, 4395 



D. 

Deed, Trustee, execution, sale of SECT- 
school house 45Hf' 

What is a conditional deed, 

n. 4, 4508;n.'l, 4511 
De facto and de jure officers 

acting n. 35, 4501 

Defalcation, liability of 

members in . . d. 42^ 4439* 
Deficit on foreclosure of mort- 
gage 4326 

Design illegal, effect of . - n. 49, 4439- 
Devotional exercises - . . . n. 3, 4493- 
Dictionaries, purchase of . n. 12, 4444 
Direct trust, management ol 

school fund is . . . . n. 2, IBS- 
Director, appeal from ..... 4506 

Appointment ...... 4498 

Certificate of vote . . . n. 10, 4498- 
Death ....... n. 2, 4498 

Duties 4503 

Election 4498 

Excludes pupil • 4505 

House, has charge of . . ■ 4504 
Janitor, employs . . n. 3, 4504r 
Local agent, acts as - . n. 1, 4503 
Meetings, presides at . . 4503- 
Notice of meetings jurisdic- 
tional - . n. 11, 4499^^' 

Oath 4498 

Removal ..... 4498- 

Repairs, makes ...... 4504 

Resignation n. 2, 4498- 

Selection n, 2, 4498 

Term of office n. 3, 4498 

Vacancy 4499 

Visit schools 4505 

Discipline, teachers' powers . n. 4, 4505 
Conduct out of school . . n. 4, 4505- 
Corporal punishment, n. 8, 18, 4505- 
Distance to school must be reas- 
onable n. 2, 4496' 

Districts, abolished, 

n. 21, 4444; n. 7, 4499; n. 1, 4437 
Choice of by patron . . . n. 4, 4472": 
Corporation, was not . . n. 3, 4499^ 
Council creates in a large 

city 4458, 4460- 

Meetings in n. 1, 4499 

Called 4499 

Trustee's discretion. . n. 11, 4537 
When attendance is only 

four . . . . n. 34, 4444- 

Persons forming 4472' 

Voters ....... . 4498- 

Districts, formation of in towns 

or cities . . . . . n. 36, 4437 

Distribution of fund IBS- 

Ditch, liability of school land for 

construction n, 3, 4339^ 



INDEX. 



293 



D. 

jDivided school section, what sec. 
Trustee manages 4330 

Transfer of power of. . 4332 to 4336 
Division of revenue on formation 

of town . . n. 5, 4486 

Dockets, County Superintendent 

examines ... . . 4435 

Dog fund . ... 4487a 

Distribution . . n. 1, 4487a, 4487b 
Explanation concerning, 

n. 13, 4487a 
Mode of distribution . . n. 1, 4487a 
Surplus. . . 4487a 

Dog-tas:, disposition of, 

n.. 1, 3, 4, 5, 4487a 
Donations to build school-house . 4514 
Eonds to aid . . 4514 to 4516 

Doors must swing outward 4500a 

Locking for morning exer- 
cises . n. 25, 4444 
Drainage, school lands not liable 

for assessment of n. 3, 4339 

Duty, of Commissioners, as to 

.school fund .... n. 5, 188 



E. 



Elections. See Sale. 

Of County Superintendent . 4424 
Of City School Trustee 4439 

Of Director. . . . 4498 

Of School Commissioner . . 4457 
Of Town Trustee ... 4439 

Of Township Trustee . . . 4440a 
."Eligibijity of Township Trustee. 

n. 8, 4440 
lEmbezzlement, iiabilityf or school 

books . 4421 j, 4421 v 

Mixing funds, n. 3, 4442; n. 1, 4441 

Use of money is not . - n. 3, 4440 

Employment of teachers 4444, 4501 

Time of, in township . 4501a 

JEmplovment by school town, 

n. 51, 4439 
Employment by Township Trus- 
tee .' . . . . n. 36, 4501 
.Eminent domain, to appropriate 
land for school house, 

4517 to 4519 
Endowment fund. State Auditor 

loans . . . n. 17, 4325 

Enumeration, age of pupils 

enumerated 4472 

Attachment to schools . . . 4472 
Change of schools, when al- 
lowed. . 4472 
Choice of schools • . n. 4, 5, 4472 
vColored pupils . - 4472, n. 7, 4472 



E. 



Enumeration — Con. sec. 

Congressional in Township, 

number in 4333 
County Superintendent takes 4430 
Detaching.from schools . n. 4, 4472 
Districts formed by 4472 
Fgfilure to make effects reve- 
nue 4431 

Filed with County Superin- 
tendent 4475 

How made 4472 

Minor, when of age. ■ . n. 1, 4472 
Non-resident pupils. • ■ n. 3, 4472 
Oath as to 4475 

Report as to Township in 

two or more counties - 4476 
Residence of minor . n. 2, 10, 4472 
Special report as to Congres- 
sional Township . n. 1, 4476 
State Superintendent's re- 
port concerning 4409, 4410 
Township in two or more 

counties . . . 4476 

Transferred persons in- 
cluded . . . 4472, n. 6, 4472 

Trustee makes 4472 

When made 4472 

Who may be enumerated, 

n. 1, 10, 4472 
Young children under six . 

n. 8, 4472 
Epidemics, closing school 
on account - n. 28, 4444; 

n. 21, 4501 
Escheated lands . n. 8, 4325 

Escheated real estate n. 4, 183 

Escheats, not self-executing 

n. 8, 4325 
Estimate of expense of build- 
ing 4500 

Estoppel, acquiescence in, 

sale of school lands . n. 1, 4354 
Indebtedness, contesting 

n. 15, 4437 
Estray fund . n. 1, 5, 4325 

Estrays, sale of . n. 4, 183 

Money derived from sale of 
belongs to common school 
fund . . n. 5, 4325 

Estrays and property adrift . 4325a 
Examination, additional 

branches . . . . n. 13, 4425 

Conduct of n. 2, 4427 

County Superintendent 

makes 4425 

Evidence of character, 

n. 7, 10, 4425 
Incompetency to govern 

school n. 16, 4425 



294 



SCHOOL LAW OF INDIANA. 



E. 



Enumeration — Con. sec. 
Judicial act in granting li- 
cense n. 22, 4425 

License. See license. 
Notice of . . . n. 2, 4427 

Private, forbidden. . 4427 

Professional license, 4422 ; 

n. 15, 4425 

Public, must be 4427 

Record of license .... 4428 

Special fitness n. 9, 4425 ; 4502 

Traffic in questions ■ 4421a 

When held n. 1, 4427 

When not necessary . . 4425 

Execution of process . . . 4536 
Exercises, devotional - . n. 3, 4493 
Expenditui-es, record of kept 

by Trustee _ . 4441, 4442 

Expulsion of pupil .... 4505 

Act necessary to • . • ri. 7, 4505 

Appeal from ..... 4506 

By Trustees of city or 

town n. 1, 4505 

Pleadings in suit to re-in- ' 
state . . n. 11, 4472 

Expulsion, teacher. See 
teacher. 
Truancy n. 1, 2, 4505 



F. 



Fees, deducted from school fund, 

can not be . . n. 3, 4, 4325 

Auditor, for transfer of 

Congressional funds . . ' 4337 

Auditor's, for sales 4345 

Can not be deducted from 

school fund n. 6, 4325 

Should be paid out of the 

general county fund . . n. 5,. 188 

Loans, rate for . ... 4382 

Part of tuition fund . 4325 

Treasurer's, for sales 4345 

Females' eligibility to school 

office 4540 

Bond .... . . 4541 

Validity of law . . . n. 1, 2, 4540 
Fines belong to school fund . 183, 4325 

Contempt fines belong to 

fund n. 7, 4325 

County Superintendent col- 
lects . 4435 
Forfeitures, belong to school 

fund . . 183, 4325 

County Superintendent col- 
lects . 4435 

Effect of n. 4, 4347 



Forms, State Superintendent sec, 
prepares 4415- 

Book-keeping, superintends, 4416 
Fuel, director furnishes . . n. 2, 4504 
Fund, account of 4327 

Must be devoted to the sup- 
port of the common 
schools . . n. 1, 2, 184 

Advertising for loaning 4369a 

Auditor can not lend and 

borrow n. 3, 4334 

Attorney fees in protecting, 

county pays .... n. 4, 4326 
Bank tax . - 4325 

Bonds to supply deficiency in, 4405a 
Common school fund defined, 4325 
Congressional township, 

4325 to 4337 
Corporations may be taxed 

for 183. 

County liable for, 

186, 187, 4326, n. 5, 4326; 4405e 
Auditor may sue for 4404 

Commissioners, duties as 

to . . 4399, 4400 

Dead body, money found on 

belongs to. . - . n. 13, 4325 

Deductions from, recover- 
able n. 4, 6, 4325 
Deficit in, notice of, 

n. 4, 4325 ; n. 2, 4326 
Deficiency on sale of land . 4394b 
Diminished, shall never be, 

184, 4325 

Distribution, and report . . 4404 

Division. . - n. 6, 4326 

From another county. 4334, 4335 

Enhancing ... n. 5, 4326 

Escheats 183, n. 8, 4325 

Estray finds . . . n. 5, 4325 

Failure to specify in mort- 
gage, n. 1, 4384 
Fees of officers, can not be 

deducted from . n. 3, 4, 4325 

Fines generally 4325 

Forfeitures 4325 

How created 183 

Interest invested, when 186 

County must pay 187, 4326 

Investment and distribution 185 

Inviolate 188- 

Liquor license ... n. 10, 4325 
Loans of, interest . 4369^ 

Lost funds n. 1, 4399 

Mandamus to compel proper 

applicationn. 7, 4326; n. 11, 4325" 
Miscellaneous fund, account 

of . . . 4403. 

Penalty for false tax list . n. 4, 4325' 



INDEX. 



295 



F. 



Fund, policy of the law . n. 5, 

Preservation by counties. . 

Principal and increase of • 

Eeadjnstment . 

Eeinvestment for county, 
when. 

Rents distributed. n. 1, 

Eeport as to 4398, 4400, 

Saline fund . 

School lands belonging to, 

n, 1, 2, 

Seminary fund ■ . 

Separation of n. 1, 

Sinking fund, interest of, to 

State not liable to county 
for. n. 12, 

State Superintendent super- 
vises. 4408, 4409, 4410, 4411, 



n. 1, 



n. 1, 

183, 



Suit for loss of . 

Swamp lands .... 

Taxes on corporations 

Two distinct funds 

What constitutes 
Furniture, County Board of Ed- 
ucation, duty as to . . . 

Indispensable articles n. 12, 

Providing private school 
with. . . n. 7, 

Tax for . . 

Trustee provides n. 10, 



SEC. 

4326 

4326 

184 

4337 

186 
4328 
4401 
4325 

4327 
4325 
4327 

4487 

4325 

4413 
4399 
4325 
4325 
4325 
4325 

4436 
4444 

4499 
4467 
4444 



G. 



1, 



4375 

182 

4497 

4497 



Gas lease is an incumbrance 
General laws must be. . 
German language taught. . 
Duty compulsory. . . 
License of teacher, 

n. 11, 13, 4425 
Must be taught when 
mand is made 
Governor, member of State Board 

of Education 
Graded schools, admission of pu- 
pils to n. 14 
Abandonment of, Trustees 
may . . . n. 22 
Buildings for . . 
Definition of n. 14, 4444 
Management of n. 5, 4446 



n. 7, 4497 

de- 

n. 9, 4497 



4420 
4444 

4444 

4446 



Pay of teacher of 

Power to organize 

Purchase of land for. 

Title, how held ^ 

Trustees establish 
Grant, by Congress, of the six- 
teenth section, was a con- 
tract . . .... n. 6 



15, 4444 

14, 4444 

4446 

4446 

4444 



188 



H. 

SEC. 

Hanging doors 4500a 

Highway, taking school ground 

for . n. 9, 4438 ; n. 5, 4508 

Holidays, teacher paid for n. 6, 4501 

Falling in vacation n. 41, 4501 

Public policy as to n. 38, 4501 

Houses, adjacent Township 

building with . . . 4510 to 4512 
Appeal from location of 

n. 5, 4499 ; n. 6, 4498 
District abolished n. 6, 4498 

Appropriation of school 

ground for highway . n. 5, 4508 

Bonds for in large city 4460 

In city or town 4488, 4489 

Care of n. 16, 4444 ; n. 2, 4510 

City can not pay for out of 

general fund n, 3 4447 

Civil town may build 

4471a; n. 1, 4471a 
Completion in city or town. 4488 
Condemnation, proceedings 

for . _ _ . 4517, 4519 

Conditions before building 

in city or town 4491 

Control of Township house 

within town . n. 3, 451 '8 

County can not build 

n. 3, 4444; n. 1, 4514; n. 5, 4517 
Custody of in Trustee . n. 16, 4444 
Debts, tax to pay . . . 4471 

Deed for, how made . n. 1, 4511 
Disagreement as to building 

by Trustees . . n. 3, 4517 

Doors of swing out 4500a 

Extra territorial . . . . n. 4, 4508 
Formation of town, effect 

upon n. 2, 4508 

Fraud in letting contract, n. 4, 4517 

Fuel for n. 2, 4504 

Janitor for n. 3, 4504 

Pay of n. 3, 4504 

Leasing, Trustee cannot, n. 4, 4509 
Location ... n. 9, 4444 

Appeal from . . . n. 4, 5, 4499 
Change of ... 4499a 

In eminent domain pro- 
ceedings n. 1, 4517 
Is for Trustee alone ■ n. 1, 4519 
Sectarian school in public 

school house . . n. 6, 4509 

When unoccupied n. 3, 4510 
When Trustee sells, n. 2, 4511 
When Trustee deeds to 

town or city 4511a 

Within limits of corpor- 
ation . n. 5, 4490; n. 4, 4-508 
Mandate to compel location, 

n. 6, 4499 



21 — School I^aw. 



296 



SCHOOL LAW OF INDIANA. 



H. 



Houses, mechanic's lien for con- sec. 
struction n. 41, 4444 

Petition to sell 4499 

Possession of, who has . n. 1, 4504 

Removal, optional with 

Trustee. , 4499, 4500 

Repairing, 

h. 2, 4504 and 4504, 4499 
Voters direct 4499 

Sale of, when • • . . 4511 

School Commissioners may 

build n. 2, 4460 

School house not owned by 

township ... n. 21, 4444 

Site for, proceeding to ob- 
tain . 4517 to 4519 

Special tax to build in city 

or town ' 4490 

Surplus special revenue in 

city or town 4492 

Tax for . . .... 4467 

Title to_, how taken . . . 4508 
Conditional . . n. 4, 4508 

When township changed 

n. 1, 2, 4508 

Transferred, person taxed 

for . n. 4, 4438 

Trustee locates . 4444 ; n. 4, 5, 4499 

Builds n. 2, 5, 4437 

Furnishes ... n. 10, 4444 

Use for religious purposes, 

4509 ; n. 3^ 4509; 45f0; n, 1, 3, 4510 
Abuse of, statutory rem- 
edy . n. 8, 4537 
For private school 4509 
Report of Trustee con- 
cerning n. 1, 4509 

Voters direct repairs to . . 4499 

Who builds . . . ... . n. 2, 4517 



Illegal design in contract, effect 

of . n. 49, 4439 

Illegal rulings of County Boards, 

n. 7, 8, 4436 

Illegal rulings of County Super- 
intendents n. 28, 4425 

Illegal issues of licenses . . n. 12, 4425 

Indiana University, appropria- 
tions for. n. 3, 4402 
See State University. 

Indigent children, books for . . 4421t 

Injunction against cutting tim- 
ber. 4346 

Prosecuting Attorney brings 

action for n. 2, 4346 



I. 

SEC. 

Institute {county), allowance for . 4521 
Pay of County Superintend- 
ent . . n. 1, 4521 
4522 
4523 



4520 
4520 
4520 
4520 



4399 

4434 

4435 
4434 
4383 
4390 



Schools closed during 
Sessions of 
Institutes (township), attendance 
compulsory . . n. 3 

Manner of holding . . 
Monthly sessions .... 
Pay for attending . 
Teachers must take part in, 

n. 2, 4520 
Trustee, notifies teacher of, 

n. 1, 4520 
Trustee pays teacher for out 

of special school fund n. 4, 4520 
Interest, accounts of, how kept . 4327 
Board of County Commis- 
sioners, looks after . . . 
County liable for, 

4326, 4434 ; n. 4 
County Superintendent may 
collect . . 

Payments of, superintends. 
Failure to pay 

Judgment, rate on . n. 3, 4369 
Money unloaned, county 

pavs on . . . n. 5, 4326 

Rate' of . _ . 4369, 4393 

After maturity of mort- 
gage . n. 12, 4392 
On deferred payments, 

n. 4, 4346 ; n. 4, 4369 
Rebate illegal _ n. 2, 4369 

Sinking fund, interest of, 

distributed .' . . 4487 
State Superintendent may- 
collect 4326 

Trustee may receive on funds 

and keep n. 18, 4141 

When Trustee not entitled to 

on fund . n. 4, 4440 

Intoxicating liquors. . , . • 4497a 
Investments unsafe, duty to . n. 1, 4400 
Invest defined.. n. 1, 185 



Janitor, teachers entitled to . n. 3, 4504 

Duties n. 42, 4501 

Pay of . . . n. 3, 4504 

Joint graded school, adjacent 

township building with 4513 

Establishment. . - n. 1, 4446 

Management. . . ■ n. 2, 4446 

Title, how held. ■ . n, 1, 4513 

Trustees act as individuals, 

n. 2, 4446 

Judgment against Trustees, dam- 
ages 4441 



INDEX. 



29T 



J. 

Judgment, kind in actions on sec. 

loan . 4390 

Lien on land held by certifi- 
cate n. 1, 4353 

Eate of interest upon . . n. 3, 4369 
Judicial notice, name of town- 
ship . . . m. 10, 4438 
Judicial knowledge ■ . . - , 19, 4437 
Of substitution of schooi 

sections n. 4, 4328 

Jurisdiction of courts over school 

matters n. 3, 4537 ; 4429 

Justice of Peace, can not serve 

as Trustee n. 21, 4439 

K. 

Kindergartens 4447a 

Knowledge and learning essen- 
tial to a general govern- 
ment 182 

Knowledge, judicial. . . . n, 19, 4437 

L. 

Landlord, Trustee of township 

is of school lands . . . 4338 
Lands, appraisement for school 

houses .... 4517 to 4519 

Congressional township, 

management of 4444 

Custody ■ • • . 4328 

Of divided school section, 

4330, 4332 
Divided school section . . . 4330 
Drainage law, effect upon, n. 3, 4339 
Income, report of Trustee . 4328 
Landlord, Trustee has pow- 
er of 4338 

Leasijig 4329 

Not subject to assessment for 

drains , . n. 7, 4328 

Sale of. See sale. 
Selected by the Secretary of 

Treasury . . - n. 8, 4328 

Substituted lands, judicial 

notice of . . . n. 4, 4328 

Taxing when sold . . 4364 

Timber lands, conditions as to 4346 
Congressional belong to in- 
habitants of the township, 

n. 9, 4325 
Large city, School Commission- 
ers has . 4458 

Law, common, of the school, n. 11, 4505 

Laws, repealed n. 2, 4487a 

Repealed n. 1, 4487b 

Change in n. 2, 4474 

Changed 4482 



L. 

SEC- 

Laws, publication of ... . 4417, 4418 
Leasing school land. . 4329; n. 1, 4329 
Gas lease is an incumbrance, 

n. 1, 4375 
Lecturing, State Superintendent 

does 4411 

Legalizing bonds ... n. 6, 4490 

Sale of lands n. 1, 4367 

Surplus special school revenue. 4448 
Legislature may prescribe duties 

of officers • n. 10, 4436 

To provide for uniform sys- 
tem of common schools, n. 7, 182 
May prescribe course of 

study . . . n. 7, 182 

May prescribe books to be 

used n. 7, 182 

Liability of ofiicers . - n. 17, 4505 
Of officer and surety, . . n. 10, 4440 
Of officer, 

n. 17, 30, 31, 4505; n. 11, 4501 

Libel of CountySuperintendent, n. 9, 4436 

Of teacher . n. 48, 4501 

Library in city and totvn . ■ . 4460, 4524 

Bonds to construct in large 

city _ . . 4527d 

Commissioners establish . . 4460- 
Documents for .... 4418 

Free 4524 

Management 4436 

Eealty for ....... . 4527d 

Eulesfor. ...... 4524 

State prison, books for . . . 4528 

Tax to maintain . 4524, 4525, 4527a 

Library [township), books for . . 4527 

Distribution of books for . . 4528 

Documents 4418 

Families may use 4531 

Open, when 453S 

Pay of librarian . . . . n. 1, 4532 

Place where kept 4532 

Kule as to use of . . 4530 

State prison, books use . . . 4528 

Tax to support . . n. 2, 4527, 4533a 

Trustee may make levy, 

when . ■ 4533b ; n. 1, 2, 4533a 

In city of 30,000. 4527a 

Trustee has charge of . • 4529' 

Library, State 4477h to 4477dd 

License, additional ... n. 13, 4425 

Applicant for conditioned, n. 8,4422 

Appeal, concerning 4538 

Certificate, givingn . 3, 25, 26, 4425 

EflTect of n. 8, 4425 

City Superintendent to have, 

when n. 27, 4425 

Consecutive n. 14, 4425 

Essential to employment, 

n. 1, 4501, 4501 



SCHOOL LAW OF INDIANA. 



Xicense, examination for . . . 
For special branches^ 

n. 11, 13, 
For principals and high 

school teachers . n. 24, 
In two counties n. 21, 

"Exemption license, Superintend- 
ent not to issue, when, n. 3, 
Superintendent to issue, when, 
n. 4, 
Persons holding to apply to 
Trustee . . n. 5, 6, 

License, expiration during term 
of school 
German, teacher of must 

have n. 7, 4497; n. 5, 13, 
Illegally ijisued . . n. 12, 
Illegal ruling as to n. 28, 

Incompetent to teach . n. 19, 
-Judicial, act of issuing is 

n. 22, 
Length of time given for . 
Liability of County Super- 
intendent for repairing, 

n. 22, 

Life License 

Requirements for . . n. 1, 
Limited to county . . 

Loss of certificate of - . n. 8, 

Minors n 31, 

'New list of questions n. 18, 
Principal of town school, n. 24, 
Professional n. 1, 4422; n. 15, 
Requirements for n. 3, 

Hecord of . . . 4428; n. 2, 
Revoking .... 4426; n. 13, 
Illegal n. 6, 4425; n. 28, 

■Of exemption license . n. 11, 
.School commissioners may 
issue . ... 4460, 

Special 4502; n. 10, 

State Board grants .... 
Town Superintendent to' 

hold when . . n. 27, 
Vested right in . n. 2, 

Licenses, fees from belong to 
county n. 10, 



County Superintendent col- 
lects, when . . 
Liquor licenses . n. 2, 10, 
Jjien, gas lease is on land • . n. 1, 
Mechanics will not lie for 

work or material . . n. 41, 
■Of mortgage not recorded, n. 2, 
Prior . . n. 3, 

'Tax inferior to school mort- 
gage, n. 4, 4380; n. 4, 4383; 
n. 1, 
Liquor license fees ■ . . u, 2, 10, 



SEC. 

4425 

4425 

4425 
4425 

4425 

4425 

4425 

4501 

4425 
4425 
4425 
4425 

4425 
4425 



4425 
4422 
4422 
4427 
4425 
4501 
4425 
4425 
4425 
4422 
4428 
4426 
4425 
4425 

4464 
4425 
4422 

4425 
4426 

4325 

4435 
4325 
4375 

4444 
4381 
4375 



4380 
4325 



L. 

SEC. 

Listed, defined n, 5, 4498 

Loan abstract of title 4370 

Acknowledgments and oaths 4379 
Advertisement for ... 4369a 
Affidavit of borrower . . . 4376 
Apportionment of .... 4402 
Appraisement . 4371, 4372 

Of mortgaged lands . . . 4378 

Appraisers 4372 

Auditor makes 4370 

Loaning to himself . . n. 2, 4334 
Bona fide purchasers . . n. 1, 4381 
Bond to protect loan . . 4375 

Authority to make . . n. 14, 4437 
Certificate as to liens, 4375; n.l, 4375 
As to indebtedness . n. 15, 4437 
Collection on default . . . 4383a 
Damages, when recoverable 4386 

Examination of 4399 

Execution agains'; borrower 4390 
Extra-territorial .... 4373 
Fees for making ..... 4382 
Fund specified - . . 4402, 4384 
Failure to specify, effect, 

n. 1, 4381 
Inhabitants of county pre- 
ferred .... 4373 

Interest rate 4369 

Failure to pay .... 4383, 4390 
Irregularity of ■ n. 4, 4375 

Judgment for deficiency, 

"form 4390 

Eate of interest on, 4390, n.3, 4369 
Liens ... . . . 4375 

Bond to protect loan 

against. . . 4375 

Certificate as to 4375 

Gas lease is .... n. 1, 4375 

Priority of 4380 

Without record. n. 2, 4381 

Wife may borrow money 

to discharge liens. . n. 6, 4385 

Limit 4374, 4378 

Married women . . . . n. 8, 4385 
Miscellaneous account . . . 4403 
Mortgage, canceling . . n. 3, 4381 
Form"^ . . . 4385 

Fund specified 4402 ; n. 1, 4384 
Indorsement on, of payment, 4389 
Recording . . . . n. 1, 4381 

Registry of . . • 4380 

Release of, without pay- 
ment, . ...... n. 2, 4389 

Satisfaction of 4389 

See Mortgage. 

Note, form of 4386 

Fund specified in ... . 4402 

Sufficiency n. 1, 4386 

Suit on, by Auditor . . . 4387 



INDEX. 



29a 



L. 

SEC. 

Xioan, oath of applicant . 4376 

Auditor may administer . 4379 

Outside county . 4373 

Payment by borrower . . . 4388 

Auditor must not. . . n. 1, 4388 

Made to County Treasurer, 

n. 2, 4388 
To borrower ... 4387 

Personal security can not be 

taken for " ... n. 2, 4370 
Preferred borrowers ... 4373 
Prior liens . .... n. 3, 4375 
Purchase money retained as, 4358 
Quietus on payment .... 4358 
Kate of interest . . 4369 

Record of mortgage 4380, 4381 

Report of County Commis- 
sioners on . . 4400, 4401 
Sale. See Sale. 
Satisfaction of mortgage . - 4389 

State may make 4405a 

Suit for deficiency .... 4390 
To recover possession 4383 

Surplus on sale .... 4392, 4394 
Tax title, priqrity of, to 

lien n. 3, 4380 

Time of 4377 

Title papers ...... 4370 

Void, when . n. 2, 4334 ; n. 1, 4370 
Warrant to borrower for 

money 4387 

When due 4383 

Where may be made . • . 4373 
Xocation of school house . 4499, 4499a 
Lotteries for schools illegal, n. 14, 4325 
Xiucrative office, city school 

trustee is n. 1, 4439 

Town school trustee is . n. 7, 4439 
City councilman is not . n. 20, 4439 
City clerk is not. . . . n. 32, 4439 

Acceptance of n. 33, 4439 

Township trustee is . . n. 11, 4440 



M. 

Mandamus, application of school 

funds . . . n. 11, 4325 

Approval of bond . . n. 24, 4424 
Conveyance of school-house, 

n. 1, 4508 
Deliverv of books to succes- 
sor. '. . n. 6, 4441, n. 15, 4424 
Election of Trustees com- 
pelled by n. 14, 4439 

Levy of tax ..... . n. 2, 4467 

Location of school-house n. 4, 4499 
Payment of claims enforced 
by n. 7, 4442 



M. 

SEC. 
Mandamus, proper action to 
compel the performance 
of a ministerial duty, n. 32, 4444 
Records, delivery of, 

n. 14, 4439 ; n. 15, 4424 
Tuition, application of se- 
cured by n. 6, 4326 ; n. 2, 4471 
Manual training schools, estab- 
lishment of 4447d 

Regulation concerning . . 4447e 

Tax to support 4447f 

Teachers for . . 4447e 

Maps, contracts for are valid, 

n. 12, 4444 
County Board of Education . 4436 
Married women . . . . n. 8, 4385 

Mechanic's lien, can not be ac- 
quired on school-house, 

n. 41, 4444 
Meetings, additional branches 

determined at . . 4499 

Annual, held 4498 

Cities and towns have none, 

n. 1, 4499 
Directors elected at ... . 4498 
Election of teachers at . n. 2, 4444 

How called 4498 

In cities and towns . . . n. 7, 4501 
Legality of, how settled . . 4499 
Location of school-houses, 

n. 4, 4499 
Notice of . •_ • • ; • • - • 4499 
Notice of jurisdictional, n. 11, 4499 
Petition of, to Trustees . 4499 
Protest against teacher . n. 4, 4501 
Repairs to school-house, 

directs 4499 

School-house, may ask for . 4499 
Studies, determined by . . 4499 
Voters at . . 4498, n. 1, 4498 ; 4499 
Meetings, legal calls for, n. 31, 4439 
Plurality will control . n. 12, 4499 
Mileage of County Superinten- 
dent n. 1, 4433 

State Board of Education . 4423 
Minor, employment of as a 

teacher n. 3, 31, 4501 

Residence of .... n. 2, 10, 4472 

When of age n. 1, 4472 

Misapplication of funds, who 

liable . . n. 10, 4441 ; n. 5, 4442 
Miscellaneous school fund, how 

kept . 4403 

Distribution of 4404 

Penalty against Auditor as to 4405 
Mistake, correcting in Trustee's 

accounts .... 4456, n. 5, 4441 
Money, conversion by school of- 
ficers n. 3, 4440 



300 



SCHOOL LAW OF INDIANA. 



M. 



Money, no authority to borrow, 

n. 11, 4437 
Due school fund, can not 
be cut by legislative 

action n. 2, 184 
For rent of unsold school 

lands n. 3, 187 

Title to . . . - n. 2, 4440 

Month, length of • • ■ 4495 

Mortgage, action to cancel - n. 3, 4381 

Appropriations for deficiency 4394b 

Assignment to subsequent 

mortgagee n. 2, 4385 

Canceling . n. 5, 4385 

Description of land . . n. 3, 4385 

Form 4385 

Fund Specified in 4402 

Failure to specify in . n. 1, 4384 
Indorsement upon . • 4389 
Interest, rate on after ma- 
turity .... _ n. 12, 4392 
Lien of, prior to tax lien, n. 4, 4380 
n. 3, 4480 
Merger of, n. 2, 4383; n. 16, 4392 
Payment, release without, n. 2, 4389 
Presumption as to owner- 
ship of land n. 4, 4385 

Priority of 4380 

Eeappraisement of lands bid 

in . . .... 4394a 

Recorded, when so consid- 
ered 4380; n. 1, 4381 

Registry of n. 2, 4380 

Release without payment, 

n. 2, 4389 

Satisfaction, entry upon. n. 1, 4389 
Subrogation o f purchase 

under n. 6, 4395 

Suit on note, effect . n. 2, 4394 
Tax title, superior to, 

n. 4, 4383; n. 3, 4380 

Taxes on land bid in . . n. 3, 4394 

Void, when . n. 2, 4334; n. 1, 4370 

Wife's signature . . . . n. 1, 4385 
Wife may mortgage own 

land n. 6, 4385 

See Loan. 
Music may be taught 

n. 7, 4496; n. 6, 4496 
License for teachers of 

n. 11, 4425, n. 7, 4497 
Trustees may requre all pu- 
pils to study . . n. 6, 4497 

N. 

Neglect of duty by Trustee, pen- 
alty 4452 

Night schools 4447b 



N. 



SEC. 



Night Schools — Con. 

Age of pupils .... 4447c 

Non-residents, admission to schools, 

n. 3, 10, 4472; n. 4, 4490 
Payment of tuition tax . n. 4, 4490 
Normal. See State Normal. 
Notes in borrowing school fund, 4386 

Fund specified in 4402 

Sufficiency n. 1, 4386 

Notes, authority to execute, 

n. 14, 15, 4437 
Bank deposits. . . . n. 3, 14, 44^7 
City may execute . . . n. 10, 4438 
Can not give for county 

seminary n. 7, 4438 
Executed by Trustee with- 
out authority 4438c 

Notes, power to give . . n. 8, 4441 ; 
n. 18, 19, 4444 
School commissioners mav 

give n. 2^ 5, 4460 

Void, when . ... n. 12, 4437 

Notice of sale of land 4345 

To teachers of institute . n. 1, 4520 
Numbering school' houses . . 4494: 

O. 

Oaths, administering ... n. 1, 4539' 
Of applicant for a loan . . 4376 
Married woman should join 
her husband in making, 

n. 2, 4376 
School officer may. . . . 4539' 
Officers, de facto, contracts with 
not binding when parties 
have notice. . . n. 23, 4439 

De facto, when contracts 

with are binding n. 43, 4439 

Women maybe . . . • 4540' 

Elected and appointed . n. 4, 4498 
Settlement with Co. com- 
missioners does not con- 
clude the State . . n. 4, 188- 
When answerable in dam- 
ages ... n. 11, 4501 
Acquiescence in illegal elec- 
tion of . n. 44, 4439' 
Oil lease is an incumbrance on 

land n. 1, 4375. 

Opinions, County Superinten- 
dent gives .... 4429 
State Superintendent gives . 4408 
n. 2, 3, 4408 
Orders, without conssideration, 

void n. 17, 4437 

Fraudulent issue of n. 16, 4437' 
Conspiracy to defraud in- 
validates n. 37, 4444 



INDEX. 



301 



P. 

SEC. 

Parents must sign monthly re- 
port n. 10, 4505 

Patrons of scliool, petition of. . 4499 
Protest against teacher . n. 4, 4501 
Selecting teachers, not au- 
thorized to make ■ n. 2, 4444 
Pay of City or Town Superin- 
tendents. - . . n. 1, 4445 
County Superintendent - . 4433 
State Board of Education . 4423 
Payments to school fund, fail- 
ure to make 4355 

, Auditor of State pays to 

county 4484 

Indorsement on certificate, 

4362, 4389 

Over-payments n. 7, 4440 

Quietus for . . . 4361, n. 11, 4392 

To whom made 4361 

Pauper. See poor. 
Penalties, Auditor failing to re- 
port .... ... 4481 

County Superintendent fail- 
ing to report 4431 

Trustee, corrupt interest in 

contract . . . . n. 13, 4444 
Embezzlement . . . n. 3, 4442 
Failure to report • . . 4450 

To serve 4453 

Neglect of duty. . . . 4452 
For making' false tax 
list, statute construed 

n. 3, 183 

Petition of patrons 4499 

To sell land . ... 4339, 4366 

When not necessary . . n. 12, 4488 
Pleadings must be definite, 

n. 7, 4437 
Policy of law as to school fund, 

n. 2, 188 
Poor children, books for. . . . 4496a 
County commissioners pro- 
vide for . . . . 4496b 
Enumeration of . ■ . • n. 1, 4496a 
Matrons of orphan asylums, 

duties of 4496a 

Power of Trustee, congressional 

lands . . _. n. 2, 4329 

Principals of schools, licensing, 

n. 24, 4425 
Private schools, public funds 

can not be used for . . n. 4, 4509 
Keport concerning n. 1, 2, 4509 
School-house, used for. . . 4509 

Process, how served 4536 

Professional license . . 4425 

Property, title to . . n. 12, 4438 ; 4508 
Conflicting opinions as to 
use of n. 4, 4510 



Property, title to, sale of with- 
out, effect of 4367 

Trustees use for 4444 

Sells, when ..... 4511 
Taken adrift . . . n. 4, 183 

Found on dead bodies . n. 13, 4325 
Prosecuting attorney, action for 

injunction, brings . n. 2, 4346 
Investigates failure of title, 4367 
Sues Auditor .... 4405 

Suits, brings . ... 4413 

Protest against teacher .... 4501 
Opportunity for n. 4, 4501 

Public officers, when answerable 

in damages . . n. 11, 4501 

Pupil, authority of teacher 

over n. 3, 4, 4505 

Over school age - . n. 32, 4501 

Corporal punishment of 

n. 8, 12, 13, 25, 33, 34, 39, 4505 
Detention after school hours 

n. 26, 4444 

Expulsion of 4504; 

n. 1. 2, 7, 9, 15, 17, 18, 19, 22,23, 
24, 26,- 27, 28, 29, 37, 38, 4505 
n. 1, 4506 
Immoral or licentious . n. 18, 4505 
May be suspended for tardi- 
ness n. 15, 4505 

Gradation of n. 37, 4439 

Must submit to necessary 

rules. n. 36, 4444 

Punishment of. See Corporal 

Punishment. 
Eights of teacher to inflict 

n. 8, 4505 
Refractory, expelling. . n. 1, 4505 
Eights of after graduation 

n. 7, 4499 ; n. 14, 4505 

Truant, expelling n. 2, 4505 

Purchase of land, certificate of . 4353, 

4365 
Eights of persons making . 4354 
Purdue University — 

Agricultural College scrip . 4662 
Amendment or repeal of 

law, as to. .... 4670 

Appropriation for 4677g 

Donations to 4665 

Funds of, how invested 4677 

Donations by .... 4665 
Purdue, John, privileges of 4669 
Location of . • . 4666 

Name, corporate, of 4667, 4668 
President, appointment of 4674 
Member of State 

Board of Education . 4420 
Scrip, sale and investment of 4664 
Secretary, appointment of . 4674 



302 



SCHOOL LAW OF INDIANA. 



P. 

Purdue University — Con. sec. 
State Chemist, Prof, of 

Chemistry in 4898 

Students, County Commis- 
sioners appoint two . 4675 
Students, number, limited . 4676 
Privileges allowed . • 4675 
Tax for .... 4677f 
Treasurer, appointment of. 4674 
Bond and duties of . 4674 
Trustees, appointment of, 4663,4671 
Term of office . - . 4672 
Vacancies, how filled . 4673 

Q- 

Questions for examination, how 

prepared . . n. 1, 4421 

Traffic in . ■ • 4421a 

Quieting title, when can not be 

received n. 11, 4392 

Quietus, Auditor issues ■ . . 

4361; n. 11, 4392 
Repayment of loan . . . 4388 
Quo warranto proceedings . . . 

n. 41, 4439 

E. 

Kaces, no discrimination between 

allowed . _ - • . 4466 
Eeal estate, title to in school cor- 
poration 4508 

Eeappraisement of lands bid in. 4394a 
E«ceipts, record of kept by Trus- 
tee 4441, 4442 

Eecord, appeals . n. 1, 4537 ; n. 1, 4538 
County Board of Education 

n. 2, 4436 
County Superintendent . . 4428 
Deed.' . .... ... 4395 

Examination by County Su- 
perintendent 4435 

Mortgage ........ 4380 

Eeceipts 4441, 4442 

Sale of lands 4340 

School Commissioners . . . 4462 

Trustees 4442 

State Board of Education . 4420 

Transfers n. 6, 4473 

Warrants. . 4442a 

Eecorder, fees for making loans. 4382 
Recovery of deductions from 

school fund n. 6, 4325 

Redemption of forfeited lands, n. 5, 4347 
Junior incumbrances can not 

n. 8, 4392 
Sale of school land . n. 5, 4347 

Eefractory pupil. See pupil. 
Relator, Attornev-General may 

be ... V ... - n. 3, 4326 



E. 

SEC- 

Eeligious belief not a subject of 

inquiry n. 2, 4493 

Eemoval of County Superin- sec. 

tendent 4424 

Director 4498 

Scholar 4505 

School house 4499, 4499a 

Teacher ......... 4501 

Trustee 4456 

Eents, deduction from tuition 

fund. 4328 

How paid 4329 

Liability of county for . 184 to 186 

Payable in advance .... 4329 

Eeport cdncerning .... 4328 

Eepairs, voters direct 4499 

See Houses. 
Eeports {of County Auditor) — 
Auditor to State Superin- 
tendent 4478 

Contents of 4479 

Failure to make . . . 4404, 4481 
Concerning school funds . . 4398 
County Commissioners ex- 
amine 439^ 

- Division of funds of divided 

township 4336 

Names of Trustee and County 

Superintendent . . . 4424, 4440 
Eevenue for apportionment, 

4478, 4479, 4486 
Eeports (of County Commissioners) — 

Condition of funds .... 4400 

Recorded. . .' ..... 4401 
Reports {of County Superintend- 
ent) — 

Annual. 4431 

Apportionment 4432 

Basis of Apportionment 4432 

Contents 4431 

Enumeration ...... 4431 

Financial and statistical . . 4450 

License granted . . 4429 

Statistical . . . . 4431 

Transfers. - . . 4468 
Reports {of Slate Superintendent) — 

To Governor .... 4408 

To Legislature 4410 

May require reports of offi- 
cers 4414 

Reports {of teachers) — 

Contents . 4449 

Must make . . 4449 
Parent must sign monthly, 

n, 10, 4505 

Penalty for not making . . 4449 

Private school 4509 

Reports ( of transfers) — 

Must be made 4473 



INDEX. 



30S 



R. 



Reports {of Trustees) — sec. 

Annual 4443 

Contents 4441 

Copy filed with County Su- 
perintendent 4441 

County Commissioners ex- 
amine 4399 ; n. 12, 4441 

Enumeration . 4475, 4476 

Financial and statistical, 4441, 4450 
Income of lands - - . . 4328 
Penalty for failure to make. 4451 
School' land. . . 4328 

To County Superintendent . 4450 
Ee-sale of forfeited lands. . n. 1, 4347, 

4344 
Residence of County Superin- 
tendent - n. 6, 4424; n. 1, 4540 
Children enumerated, n. 2, 3, 7, 4472 
City or town school trustee, 

n. 4, 4439 
Resignation of teacher . n. 8, 4444 
Trustee ... n. 3, 4439 
Revenues accounted for by Trus- 
tee. . . 4441 

Anticipating. 4442; n. 1, 4470 ;n. 8, 

4441 
Apportionment. See Apportion- 
ment. 
Distribution of, to counties. - . 4484 
Division on formation of town, 

n. 4, 4438 ; n. 2, 4508 
Revenues, division between city 

and township. . n. 8, 4438 
Disposition of surplus spe- 
cial school 4492 

Dog fund. See Dog Fund. 
Equalization of State's, con- 
stituted . n. 3, 4328 ; n. 1, 4486 
Among civil townships, n. 5, 4328 
Lands of surplus fund, how 

sold 4368 

Right of new town to part of, 

n. 20, 4441 
Pledged impliedly. . . n. 31, 4444 
Local tuition, how applied . 4469, 4470 
Special school. ■ • • 4467 

State's, how paid . - n. 2, 4325 

Surplus, special school, 4447, 4492 
Tuition revenue ... n. 2, 4442 
Use of State's . - . . n. 2, 4442 
Revocation of teacher's license. 

Of exemption license, n. 6, 4424, 
n. 11, 4425 
Illegal practice in . . n. 9, 4425 
See license. 
Rules and regulations, adoption 

of . n.'24, 4444, 4460 , n. 30, 4501 

Power as to n. 29, 4444 

Validity of n. 19, 4439 



R. 

Rules and regulations — Con. SEC.- 

Reasonableness of, n. 30, 4439 and 

n. 30, 4444; n. 6, 4505 

Authority to adopt, n. 34, 4439; n. 

34, 4505- 

Of supt. or teacher, binding 

on pupils . . . n. 35, 4439 

Students must submit to, n. 36, 4444 

S. 

Sale of mortgaged lands .... 4392 
Amount due, sale for more 

than n. 7, 4392- 

Appraisement, more than 

one n. 2, 10, 4392 

Appropriation to meet de- 
ficiency . 4394b- 
Amount, sale for more than 

due n. 4, 4393: 

Bid in by Auditor, when 

4393 ; n. 3, 4393 
Cash, sale is for . . . n. 1, 4393 
Construction of statute . n. 6, 4392, 
Credit, when can only be 

made upon 4393- 

Deed for 4395 

When unnecessary . . 439T 
Division of lands sold . n. 9, 4392 
Duty of Auditor in making, 

n. 3, 4393 
Law governing . . . . n. 1, 4383 
Manner of making .... 4392 
Merger of mortgages in . n. 2, 4383 

Notice of n. 1, 3, 4391 

Offer n. 3, 439^ 

Parcels, sale of n. 9, 4393- 

Payment of bid, to whom, n. 4, 4395 

Portion, sold n. 5, 4392 

Power to make n. 1, 4392 

Quieting title . . . n. 11, 4392 . 

Re-appraisement .4352; n. 2, 4393^, 

4394a 

Record of deed ...... 4395. 

Redemption, junior incum- 
brances can not . . n. 7, 4392" 
Regularity of . . n. 4, 4392; 

Reimbursing county . . n. 4, 4393 
Several tracts, how sold . n. 9, 4392. 
Statement and record of 

4396, n. 1, 4396. 
Statute must be strictly fol- 
lowed n. 1, 4383 

Subrogation of purchaser, 

n. 6, 4395 
Suit for deficiency . . . n. 4, 4390 

Surplus . . . * 4392 ; 

n. 2, 4393, 4494 ; n. 3, 4, 4347 
Terms 439S 



g04 



SCHOOL LAW OF INDIANA. 



S. 

Sale of mortgaged lands — Con. sec. 
Title of purchaser not war- 
ranted . . n. 3, 4483; n. 5, 4395 

When made 4383 

Sale of school lands . . . 4345 
Appraisement by Trustee . 4344 
Reappraisement 4352 
Eeappraisement of for- 
feited lands . . . 4352b 
Appropriation by commis- 
sioners 4352c 

Auditor gives quietus . . . 4361 
Auditor and Treasurer con- 
ducts ... 4345 
Ballots used in voting upon 4341 
Board of County Commis- 
sioners, orders . 4345; n. 1, 4345 
' Certificate of result of elec- 
tion ... 4353 
Purchase . . . 4353; n. 1, 4360 

Assignment 4356 

Defective 4357 

Purchase deed open . . . 4357 

Effect 4353 

Lost 4360 

Becording 4353 

When delivered . . . 4353 
Deed, how executed . 4365 

Assignment of certificate. 4357 
Not executed until full 

payment . 4358 

Recording ...... 4363 

When issued . . . 4353, 4363 
Election, as to . . . 4339 to 4344 
Estopped to claims, sale 

void n. 1, 4454 

Fees of Auditor and Treas- 
urer 4345 

Forfeiture and resale . . • 4347 

Effect n. 4, 4347 

How prevented 4347 

JIow made ....... 4345 

Tnj unction to preserve tim- 
ber 4346 

Xegalized 4364; n. 1, 4364 

Minimum price . - . 4344 

Notice of election, for . . . 4339 

Of sale 4345 

Order for 4344, 4345 

Ovei--plus n. 3, 4347 

Payment made at any time. 4359 
Deferred, when reported. 4346 
Indorsement of, when . 4362 

Penalty for failure to make 4355 

When made 4361 

Petition for election 4339 

Becording .... 4340, 4366 
Besale, not necessary, for 

n. 3, 4344 



S. 

Sale of school lands — Con. sec. 

Sale without election . . 4366 
When necessary . . . n. 2, 4339 
Withdrawing venue from 

n. 1, 4366 
Sale of school lands, possession 

after sale ... 4354 

Petition not necessary when 

n. 3, 4344 
Private, by Auditor, when, 

4351, n. 1, 4351 
Purchase money is a loan, 

when 4358 

Purchaser, possession by . . 4354 
Enjoined, when .... 4346 
Bights of, if title fails . 4367 
Waste, when liable for . 4349 

Quietus 4361 

Eeceipt of purchase money . 4361 
Purchase money in full 4362 

Ee-appraisement 4394a 

Eedemption n. 5, 4347 

Besale, how made 4344 

Surplus .... 4347 

When made . , - . 4347 
Eesult of election, majority 

vote .... ... 4342 

Eights of purchaser . . 4354 

Surplus revenue lands, of . 4368 
Taxation of lands sold . . . 4364 

Terms of 4346 

Timbered lands, conditions 

as to . . 4346 

Title, when complete . . . 4365 

Failure of procedure . 4367 

When vests in State, n. 1, 4344 

Treasurer's and Auditor's 

duties 4345 

Trustee's duties ...... 4344 

Vote, when necessary . . 4339 

When not necessary . . 4366 

Waste, suit for ..... 4350 

When Auditor may proceed 

n. 6, 4383 
Where takes place . n. 2, 4345 

Sale of lands bid in by- Audi- 
tor .. . ... 4393, 4394 

Deed for, to purchaser . . . 4395 
How made . . . . . 4394 

Statement concerning . 4396 
Surplus n. 5, 4393 

When title vests in State, 

4397, n. 1, 4344 

Saline Fund 183, 4325 

School Commissioners, Board of 

4457 to 4464 

Bonds, issue and sell . . . 4460 

Library bonds .... 4527d 

Official 4457 



INDEX. 



305 



S. 

Comm'rs, Bd. of — Con. sec. 

Certificate of member . . . 4459 

Districts, may change . . . 4458 

Duties and powers .... 4460 

Election of 4457 

I^ibrary, establishes . . 4460, 4527a 

License of teacher, issuing . 4460 

Loans, may make 4464 

.Meetings of 4462 

I^otice, may give . . n. 2, 5, 4460 

Oaths of 4457 

•Organization of .... . 4459 

Pay, get none. ...... 4462 

Poll tax, cannot levy. . n. 1, 4460 

President of - ' 5459 

Eeceipt to County Treasurer. 4527b 

Question on 4527c 

Uecord, keep 4462 

Pules and regulations, adopt. 4460 
^School houses, may build, n. 2, 4460 
;School law governs .... 4463 
.Secretary and Treasurer of. 4459 
Superintendent, appoint- 
ment of 4460 

Taxes levy 4460 

How collected for .... 4461 

'Teachers, employ 4460 

Term of office 4459 

Treasurer of 4459 

Gives bond 4460 

Vacancies, how filled . . . 4459 

Sehool corporation 4438 

Revenue of 4437 

Scliool corporation, city is . . . 4438 

Process on . 4536 

Town is 4438 

Stehool director, election of. . . 4498 

Appeal from 4506 

Appointment by Trustee, 

when . 4498 

Exclusion of pupils by, lim- 
ited 4505 

Fuel and repairs, provides . 4504 
President of school meeting, 

is 4503 

Pemoval of, how .... 4498 

School house, has charge of. 4504 

Trustee, communicates with. 4503 

Vacancies in office of . . . 4499 

Visitations by 4505 

■feliool house. See House. 
Sehool lands. See Lands. 
&^ool laws. See Laws. 
School section, divided by town- 
ship lines 4330 

Ownership n. 9, 4325 

..Substitute for 4330 

iJourts do not take no- 

.tice of n. 4, 4328 



S. 

sEa 
School supplies, necessary aver- 
ments in suit to recover 
for. n. 13, 4437 

School supplies, township not 

liable for, when. n. 39, 4444 

Delivery and acceptance of, 

n. 40, 4444 
See Lands. 
School Trustee, Tmunship Trustee is 4438 
Accounts and receipts . 4441 

Corrected 4456 

Examined 4454, 4455 

Advancing funds, reimburse- 
ment. . . . . n. 15, 4441 
Annual report of ... . 4443 
Anticipating revenue. . n. 1, 4442 
Apparatus for schools, fur- 
nishing 4444 

Appeal from . . ... 4537 

Assessment of damages . n. 7, 4441 
School Trustee, bond and ap- 
proval . . 4439, 4440 ;_n. 1, 4440 
Action on, who may bring 

n. 13, 4441 
Authority to incur debt- 
Trustee has none . . n. 3, 4329 
Failure to give . . . n. 15, 4439 
Books, when subject to ex- 
amination 4454; n. 6, 4442 

Correcting n. 1, 4456 

See Books. 
Borrowing money . . . : n. 19, 
20, 4444; n. 8, 4441 
Contracts . . . n. 10, 4439 ; 4438a 
Contract of predecessor, n. 1, 4501a 
Correction of books of n. 1, 4456 

County Superintendent elects 4424 
Custody of school property 

• n. 16, 4444 
Debt, power to incur . . . 4438a 
Director, appoints, when . . 

4498; n. 2, 4498 
Discretion of ..... n. 11, 4537 

Duties 4441, 4444 

As to election 4339 

As to revenue 4442 

Neglect of 4452 

Educational afiairs, has 

charge of 4444 

Election of n. 8, 4438 

Eligibility of. . . n. 8, 4440 

Enumeration, must make . 4472 

See Enumeration. 
Expenditures, record of 

keeps . 4441 to 4443 
Fine, for failure to serve . 4453 
Graded schools, may estab- 
lish 4444 

Illegal design of. . . . n. 48, 4439 



306 



SCHOOL LAW OF INDIANA. 



S. 

School Trustee — Con. sec. 

Independent of Town Trus- 
tees . . n. 3, 4441 
Injunction, may bring . 4346 
Joint graded school with 

city or town ... 4446 

Lands of Congressional 

Township accepts . 4328, 4444 
Cannot lease without di- 
rection of voters • n. 2, 4329 
Lands, duties as to 4328 to 4368 
Leases land of Township, 

4329, 4330 
Levies tax to pay debts 4471 

Liability to teachers for pay 

of .'n. 1, 2, 4441; n. 3, 4486 ;n. 
2, 10, 4510 
For error of judgment, 

n. 28, 4444 
Officers de facto, cannot 

denv ....... n. 17, 4441 

Under act of 1883 . . n. 5, 4438c 
Library, has charge of . . . 4529 
Loans, power to bind Town- 
ship for . . . n. 8, 4441, 4438a 
Petition concerning 4438b 

Mandate to compel delivery 

of books. n" 6, 4441 

Member of County Board 

of Education . . 4436. 

Member of Town or City 
Board employed as teacher, 
vacates his office . . n. 27, 4501 
Misdemeanor, for neglect of 

duty . . n. 4, 4442 

Mistake in settlement. . n. 5, 4441 
Mixing funds . n. 16, 4441 

Must contract as officers, not 

as individuals n. 9, 4501 

Name of, reported to State 

Superintendent .... 4440 

Neglect of duty^ liability . 4452 
Notice of days for business . 4438c 
Notifies teacher of Township 

Institute n. 1, 4520 

Numbers schools - . 4494 

Office of lucrative . . . n. 7, 4439 
Officer de facto n. 4, 4441 

Over-payment to successor, 

recovery n. 14, 4441 

Owns school funds, when, n. 18, 4441 
Pay of ' 4439 

Penalty, liable for n. 7, 4441 

Petition for sale of land, 

records . 4340, 4366 

Pow6rs over schools n. 1, 4444 

Property, has care of . . . 4444 

"Sale of by 4511 

Becord of his preceedings . 4442 



S. 

School Trustee — Con. SEO, 

Of employment of teacher 

n. 3, 4501 
Refunding to. Legislature 

may n. 19, 4441 

Eemoval n. 6, 4439, 445& 

Reports to County Commis- 
sioners .... 4441 to 4450 

Contents 4441, 4450 

Copy, sent to County 

Superintendent . . . 4441 
Failure to make . - . 4451 
Files with County Su- 
perintendent . 4441 to 4450 
Lands of township, con- 
cerning 4328 

Teachers to make to . 4449 

Transfers 4473 

When to make . . . n. 2, 4443 
Revenue for tuition, duties 

as to 4442 

Former acts legalized . 444& 
Schools, establishes .... 4444 
. School house, contracts for 

n. 3, 5, 4437 
Deed for executes . . . 4511 

Numbers 4494 

Sells. . _ 4511 

School township, trustee of 

is 4438 

Special revenue, manages . 4445 

Special tax levies 4467 

Suit against, 4430, 4441 ; n. 4, 4437 
Brings against predeces- 
sor n. 4, 4437 

Tax, annual levy, makes . 4469 
(Special levy to pay debts 4471 
Teachers, employs . . . 4444, 4501 
Dismisses on petition . 4501 
Himself, can not em- 
ploy as - n. 5, 4444 
Terms, extending . . . n. 16, 4439 
School Trustee, title to township 

money, has n. 2, 4440 

Transfers, report 4473 

Tuition revenue, receives . 4441 
Vacancy in office, n. 5, 4439, 4440 
Record of warrants .... 4442a 
Voting for himself, can not, 

when n. 18, 4424 

Vouchers, returns with re- 
port 4441 

School Trustees, Board of {city 

and town. ) ....... 4439 

Abolishment of office of, 

n. 12, 4439 

Act as a unit n. 18, 4439 

Allowance of claims . n. 17, 4439 
Accounts, must keep . . . 4431 



INDEX. 



3or 



s. 

School Trustees — Con. sec. 

Board of . . 4439, 4440; n. 1, 4489 

City has 4439 

Duties 4439 

Election of 4439 

Tie vote n. 8, 4439 

Election of, time of • n. 2, 4439 
Employment of Trustee as 

teacher ... n. 26, 4439 

Graded schools, establish . 4444 
Independent of council, n. 3, 4441 
Joint graded schools, estab- 
lish . . ■ . 4446 
Liability of for bonds n. 4, 4488 
Mandamus to compel elec- 
tion of . _ n. 14, 4439 
Misapplication of funds, 

n. 10, 4441 ; n. 5, 4442 
Old board mav hire teachers 

for new . n.' 2, 4445 ; n. 13, 4439 ; 
n. 3, 4510 ; n. 7, 4444 
Organization of ... 4439 

Pay of members . 4439; n. 4, 4439 
President of . - 4439 

Eecord of employment of 

teachers n. 3, 4501 

Reports to County Commis- 
sioners 4441 

Eesidence of members . n. 4, 4439 
Resignation of members, 

n. 3, 4439 ; n. 6, 4440 
School Superintendent em- 
ploy - . 4445 

Secretary of 4439 

Special revenue, manage . 4445 
Suit on Treasurer's bond, 

n. 14, 4439 

Term of office 4439 

Extending n. 16, 4439 

Treasurer of 4439 

Vacancies 4439 

Schools, abandoning, Trustee 

may . ... n. 23, 4444 

Attachment to, when made. 4472 
Changing, when allowed . 4472 
City exempt from control of 

County .Superintendent . 4429 
Colored children entitled to 

n. 1 to 4, 4496 
Discrimination ... n. 3, 4496 
Enforcement of . . n. 25, 26, 4444 
House. See house. 
Janitor for . . . . n. 3, 4504 

Kindergartens 4447a 

Land. See land. 

Location of 4444 

Manual training 4447d 

Night 4447b 

Number of ....... • 4444 



S. 

Schools — Con. segv 

Regulations for, enforcement n.24, 
4444 ; n. 1, 4501, 4460' 



n. 1, 182 
1. 1, 4494 



182 
4499 
4420 
4420 

4325 



188- 



State institutions . 

Terms must be equal 

Tuition. See tuition 
Schools, uniform, must be . . n. 3 
School year begins, when 
Seal, State Superintendent uses . 

State Board of Education has 
Seminary fund belongs to . 183, 
Settlement between commissioner 
and county officers does 
not include the State, n. 4. 
Sinking fund, interest distributed 4487 
Slander .... n. 46, 4501 

Special tax, levy must be made, n. 3, 4490' 
State not liable to county . . n. 12, 4325 
State Board of Education formed 4420 

Books, select. See books. 

By-laws, may adopt .... 4421 

Duties of 4421 

Expenses of 4423 

Members of 4420 

Meetings of 4420, 4422 

Orders carried out by County 
Superintendents 

Pay of members of 

President of . 

Record of . . . 

Seal of ... . 

Secretary of 

State University, Trustee of, 
appoints 

Teachers' certificates, grants 



4429 
4423 
4420 
4420 
4420 
4420 

4565 

4422 



State Library . 4677h to 4677dd 

State Normal — 

■ Agent, pay of . 4560 

Appropriation for . 4677g, 4558 

Building, contract for 4548 

Christian morality to control 4553 

Fund for, how obtained 4556 

Located at Terre Haute 4547 

Model school to be organized 4549 

President of 4545 

Member State Board Ed- 
ucation , . . . 4420 
Pupils, admission of - . . 4551 

Certificates to 4557 

Diplomas to . . 4557 
Reports to General Assem- 
bly . . 4554 

To Governor 4554 

Secretary of . . 4545 

Sectarianism forbidden . . 4553 

Tax for 4677f 

Treasurer of 4545 

Pay of 4560 

Trustees, studies prescribed by 4550 



:308 



SCHOOL LAW OF INDIANA. 



s. 

■State Normal — Con. sec. 

Governor appoints • . 4543 
Trustees, instructors elected 

by. . . . 4550 

Organization of 4545 

Pay of . . . 4559 
Trustees, proposal for dona- 
tions 4546 

Term of office of ... . 4544 

Vacancies in 4544 

Tuition free .... 4552 

Visitors, and their pay . . 4555 
State University — 

Alumni elect a Trustee, 

4566d to 4566g 
Agricultural department in. 4590 
Appropriation for . 4677g, 4660 
Books from State Library to 4593 
Building and repairs, com- 
mittee of . .... 4588 
Establishment of . . 4561 
Faculty of, lectures by. . . 4583 
Buildings cared for by. . 4588 

Powers of . 4571 

State Geologist is a mem- 
ber of 4954 

Vacancies in 4568 

Fund of, how derived 4595 
Borrower of, abstract made 

by 4604 

Accounts with .... 4620 
State Auditor's warrant 

to 4605 

^Endowment 4661a 

Application 4661b 

Bond of State 4661c 

Loan of State 4661d 

Mortgage 4661e 

State may borrow . . . 4661f 

Tax for 4661a 

Loan of. .... 4596, 4621 

Interest on 4600 

Judgment for. .... 4609 

Liens, certificates as to. 4603 

Limit as to 4599 

Mortgage to secure . . 4597 

Form of . 4597 

Priority of 4601 

Kecording of .... 4602 

Satisfaction of . . . 4607 

Note for, form of ... . 4598 

Payment of 4606 

Restrictions as to . . . . 4599 
Unpaid, how collected. . 4608 
State Auditor's pay for man- 
aging 4624 

Treasurer's pay for man- 
aging 4629 

Payments to 4606 



S. 

State University — Con. sEC. 

Eeceipt of .. . , 4606 

Geological examinations. . 4584 

Lands, how cared for 4622 

Appraisement of. 4633, 4634 

Certificates of entry of. . 4642 

Lands, assignment of . . . 4642 

On cash sale ..... 4616 

Patent on 4623 

Purchaser gets .... 4640 

Eecord of .... 4641 
County Auditor sells, 

when . . ... 4635 
Lands, County Auditor's 

pay on sale 4653 

Registers certificate . • . 4641 

Report by, as to 4650 

County officers' duty as to 4659 
County Treasurer's pay for 

sales. . . . 4653 
Reports by, as to . . . . 4651 
Extension of payments on 4630 
Forfeiture prevented . 4631, 4645 
Money, how paid .... 4626 
Notice of sale of. . . 4610, 4636 
Patent issued, when . . . 4649 
Pay of Commissioners . . 4627 
Payment to State Treas- 
urer . . ... 4652 
Purchase by Auditor, 

when 4612 

Purchaser secures against 

waste . . .... 4647 

Reeording and patents . 4628 

Redemption of . ... 4646 

Sale, place and manner of 4637 

Certificate for deed . . 4616 

Credit for interest, how 4617 

Fees and damages . . 4618 

Forfeited lands, of . . 4632 

Mortgaged lands of . . 4611 

Overplus, disposition of 4613 

Proceeds of 4655 

Report of .... 4656 

Re-sale by Auditor . . 4612 

Statement of 4614 

Terms of 4638 

Trustee must attend . . 4657 
Surplus to forfeiting pur- 
chaser 4644 

Title to, how evidenced . 4642 

Reverts to State, when 4643 

State in, without deed 4615 

Trustee attends sale . . . 4637 

Lands, can not buy . . 4658 

Unsold, subject to private 

entry 4639 

Lease of 4624 

Waste, liability for . . . 4648 



INDEX. 



309 



s. 

State University — Con. sec. 

Mineralogical collection . . 4584 

Normal department of . • 4589 
Proceeds of seminary lands 

to . . . . . 4569 

"Registry of alumni .... 4566d 

Religious qualification, none 4572 

Report, annual, of Trustees 4586 

Printing of . • . • ■ 4585 

Supt. Public Instruction to 4582 

Scholarships transferable . 4591 

Perpetual, fee for . . . 4592 

Secretary, election of . . . 4562 

Duties of 4580 

Sectarianism excluded 4573 
Sessions of, notice . . 4587 
State Geologist aids museum 4594 
Faculty, belongs to 4594 
Students from each county. 4574 
Notice to counties about 4575 
Eeligious test not re- 
quired 4572 

Tuition free for . 4574 
Tax for endowment fund 

4677f, 4661a 

Treasurer, election of . . . 4562 

Bond of 4576 

Duties of 4581 

Trustees, Board of .... 4562 

Allowances, make - . 4570 

Election 4566a to 4566h 

First, who were .... 4563 

Meetings, annual 4567 

First, where held . 4564 

Pay of 4566 

President of 
Quorum of . 
Report of . 
Vacancies in 



. . 4562 
. . 4568 
4586 
4565, 4568, 
4566b, 4566c 

Visitors, board of 4577 

Duties of . . . 4579 

Peport as to absentees . 4578 
Statistics, furnished by State 

Superintendent . . . 4410 
Statute of limitations, when 

does not run n. 17, 4437 

Students must submit to 

rules, n. 1, 4551; n. 1, 4572; 
n. 1, 4668 
Statute of limitations, time of 

filing complaint n. 18, 4437 

Statute of limitation can not 
be interposed against di- 
rect trust . . . n. 2, 188 
Studies, duty of Trustee as to 

n. 1, 4497 
Additional .... n. 2, 4497 
Algebra n. 1, 4497 



S. 

State University — Con. SEC, 
District meetings deter- 
mine 4499 

German ... n. 5, 4497 

Latin n. 1, 4497 

Music n. 6, 4497 

Studies, order of n. 3, 4497 

Teacher's contract to 

teach n. 4, 4497 

What shall be taught . 4497 
What teacher shall be 
examined in . . . 4425 

Subrogation, purchase, under 

mortgage . n. 6, 4395; n. 14, 4392 
Succession to school property 

n. 1, 4437; n.' 4,4438 
Suits, Attorney-General may 
bring .... n. 3, 4326 

Auditor, may bring, 

when 4383 

Against school trustees 

of town or city . n. 8, 4437 
Against township and 
not against trustee 
personally . n. 9, 4437 

For school taxes, n. 10, 4437 
On treasurer's bond 

n. 52, 4439 
City, against or for . . 4438 
Complaint, what must 

show n. 18, 4437 

County Commissioners, 

suing n. 2, 4399 

Costs . . 4535 

County Superintendent 

may bring, when 4435 

How brought, 4534; n. 3, 7 to 9, 
4437 ; n. 1, 4534 
Mandate can not take place 

of n. 11, 4437 
Process, how served n. 1, 4536; 
n. 22, 4437; n. 3, 12, 4438 
Eight to bring. 4429 
Statute of limitations . n. 17, 4437 
Teacher may sue for his sal- 
ary n. 9, 4439- 

Town, for or against . 4438 

Township, for or against 4437 

When may be brought . . n. 4, 4390 
Superintendent {of city), how 

elected " . . 4445, 4460 

Duties 4445 

Pay . . ■ 4445 

Superintendent (of county). See 

County Superintendent. 
Superintendent {of Public Instruc- 
tion) appeals to 4538 
Apportionment, prints state- 
ment of 4483 



SIO 



SCHOOL LAW OF INDIANA. 



S. 



.■Superintendent — Con. 

Balance of, duty as to 
Normal school fund . 
Revenue (of), makes 



SEC. 

4485 

4556 
4477 to 

4482 
2, 4413 

4415 



Attorney, may employ . : 
Blank forms, furnishes. . 
Books, duties as to. See 

Books. 
Bookkeeping, prescribes 

forms of 4416 

Clerks for 4408 

Salary of .._.... . 4419 
Counties, must visit .... 4411 
County Auditor's books, ex- 
amines . 4411 

Defaulting, brings suit 

against 4405 

Penalty for failure. . . . 4481 
School revenue, reports, 

4478 to 4481 
County Superintendents re- 
port to 4428, 4429 

Names of reported to . . 4424 

Documents, supplies. . . . 4418 

Duties 4408 

Election of 4406 

Expenses of, paid 4412 

Funds, supervises 4413 

Deficit in, duties as to . 4326 
Diminution of county, 

when. .... 4481 

Normal school, to . . . 4556 
Report to, as to divided 

township 4336 

Suit for, may order . . 4413 
•General Assembly, reports 

to ... . .... 4410 

Governor, reports to ... . 4409 

Instructions, Superintend- 
ent furnishes . . . 4415 
Interest, looks after .... 4326 

Lectures ...... . , 4411 

Libraries, furnishes books to, 4418 
Member of State Board of 

Education . . 4420 

Opinions, gives . . n. 2, 3, 4408 

Normal School is Trustee of 4543 

Oath of 4407 

Office provided for . . 4408 
President of State Board of 

Education ... 4420 
Prosecutor, Superintendent 

may direct, when 4413 

Reports from . 4409, 4410 

Reports to 4336, 4346. 4401, 4414, 

4424, 4428, 4429, 4440, 4446, 4478 

. to 4481, 4482 

Salary of 4419, 4427 



S. 

Superintendent — Con, sec. 
School laws, prints and dis- 
tributes 4417 

School officers, must meet . 4411 

Opinions, gives to. 4408 

Schools, manages business of 4408 

Seal uses 4420 

State Board of Education, 

member of 4420 

State University, reports to. 4582 

Is visitor of. 4577 

Statistics, furnishes .... 4410 
Suits, cause to be brought, 

4405, 4413 
Teachers, must counsel with 4411 
Term of office. ... 189 

Commencement of. . . . 4407 
Traveling expenses of . . . 4412 
Visits counties - . 4411, n. 1, 4411 
Summons, how served . . . n. 12, 4438 
Surplus on sale of land, disposi- 
tion of. . - . 4392, n. 3, 4, 4347 
Special revenue .... 4447, 4492 
Surplus revenue fund, sale of 

lands of 4364 

Belongs to schools 183 

Investment of 4368 

Suspension, willful or malicious 

act necessary to warrant, n. 7, 4505 
Mandamus lies to compel res- 
toration of pupil illegally 
suspended .... n. 35, 4505 
Pupil may be for tardiness, 

n. 15, 4505 
Unreasonable rule as to, 

n. 9, 4505 
Pupil may be for refusing to 

declaim. . . . n. 19, 38, 4505 
May be for immorality or 

licentiousness . n. 18, 27, 4505 
May be for failing to use 

adopted books . . n. 22, 4505 
May be for habitual ab- 
sence. ... n. 23, 4505 
May be for misconduct, 

n. 24, 4505 
May be by teacher though 

opposed by officer . n. 26, 4505 
Mav not be for attending 

party . . . n. 28, 4505 

May not be for writing 

newspaper article . n. 29, 4505 
May be for refusing to pre- 
pare rhetorical exercise, 

n. 37, 4505 
May be for refusing to 

write composition . n. 37, 4505 
Swamp lands belong to school 

fund 183, 4325 



INDEX. 



311 



T. 

SEC. 

Taxes annual levy . ^ . . . . 4465 

Assessment 4468 

Auditor's duty as to, n. 2,4467, 4468 
Bank stock liable to ■ . n. 5, 4467 
Board makes independent of 

Commissioners . . n. 8, 4467 

Bonds for school ouildings, 

to pay . - - 4490 

Buildings, erection of . . . 4467 
Collection of, from transfers 

n. 3, 4, 6, 4474 
Dog tax surplus, distribu- 
tion . n. 1, 3, 4, 5, 4487a 
Expenses for 4467 
Commissioners have no con- 
trol over levy n. 9, 4467 
Constitutional limit applies 

to towns . n. 11, 4488 

Tax payers may advance 

money for . . 4467 

'Collection _ 4468 

In large cities ... 4461 

Expense of schools, for . . 4467 

Euel, for . 4467 

Legalized . • . . n. 1, 4465 

Levy, who makes n. 2, 

4467; n. 1, 2, 4469 
May be made by Legisla- 
ture or by local school 
officers • • . n. 6, 182 

In large cities. 4460 

Penalty . _ ... n. 15, 4325 
Limit in large city . ■ 4460 

Special tax . ... 4467 

To pay debts, obligatory . 

n. 3, 4490 

Library bonds 4527e 

Lien . . . - - . n. 3, 4792 

On land bid in by Auditor, 

n. 4, 4380 ; n. 3, 4394 

Local tuition 4469 

Management of, by Trustee. 4470 
Manual training school . . 4447f 
Poll, School Commissioners 

cannot levy n. 1, 4460 
Race, no discrimination in . 4466 
Report of Auditor concern- 
ing 4478 

Contents 4479 

When made 4479 

Report of transfers . 4468 

School Commissioners^ gives 

receipt for • • " 4527b 

: School lands sold, subject to 4364 
Special for buildings and 

furniture . ■ 4467 

Constitutionality of. • n. 1, 4467 
County Commissioners, no 

control over . n. 3, 4467 



T 



Taxes, for general purposes in 

city or town 4490 

To pay debts . 4471 ; n. 1, 4471 
Taxes, special, who levies . n. 2, 6, 4467 
Tax title, inferior to mort- 
gage lien . n. 3, 4383; n. 5, 4395 
Transferred person taxed, n. 

3, 4468 ; n. 7, 4473 ; n. 4, 4474 
Treasurer of county collects, 

when . . ... 4468 

Treasurer's quietus to . • 4527b 

Trustee, local, levy by . . 4469 

Trustee, time of election of. 4440a 

Must contract, as officer,n.9, 4501 

Act in official capacity,n. 39, 4501 

Tuition 4465, 4469 

How applied 4470 

Uniform, must be. . . 4466. 4494 ; 
n. 1, 4494 
Wrong corporation receiv- 
ing, liability . . . n. 9, 4473 
Teacher, assault upon . . . n. 2, 4507 
Authority over pupils . n. 3, 4504 
Authority out of school . n. 4, 4504 
Abolishing school, effect on 

contract . - • . n. 47, 4439 
Alcohol, must teach effijct of 

use of 4497a 

Authority as tosuspension, n. 24, 4439 
Bible, reading n. 2, 4493 

Care of school property . n. 17, 4444 
Compensation . n. 1, 4444 

When forfeited .... 4501 
Contract, blanks in n. 3, 4501 

Abolishing department 

does not affect n. 37, 4501 

Cannot be affected by burn- 
ing of school house . n. 33, 4501 
Contents . n. 7, 4444; n. 8, 4501 
How made . n. 6, 4444 ; n. 18, 4439 
Illegal clause in contract 

of . . . n. 32, 4501 

Lack of funds • • n. 3, 4501 

License necessary . n. 1, 4501 

Verbal .... n. 3, 4501 

When made ■ ■ n. 7, 4444 
Written _, n. 3, 4501 

May be made with old 

board n. 45, 4439 

Sighing contract ' n. 46, 4439 
Corporal punishment, inflict- 
ing ... n. 8, 12, 4505 
Discharged without cause 

n. 20, 4501 
Dismissal 4501 ; n. 5, 4501 

Damages for v/rongful, 

n. 13, 4501 
Illegal, result ■ ■ n. 5, 4501 

On majority vote n. 5, 4501 



.ii2^ScHooT. Law. 



312 



f 



SCHOOL LAW OF INDIANA, 



T. 

SEC. 

Teacher, strictness of court trial 

not required . . . n. 34, 4501 

Employment.4444;n. 3,4499, 4501 

License expiring . 4501 

Employment, record of, n. 3, 4501 

Who makes . n. 19, 4437, 4444 

Of Trustee as teacher. n. 26, 4439 

Examined, how . . . 4425, 4502 

Intwo counties . . . n. 15, 4425 

Execution to collect pay, 

n. 3, 4501 
Failure of authorities to 

furnish school . . . . n. 2, 4449 
Failure to perform duty un- 
der contract . - . . n. 12, 4501 
German teacher must have 

license n. 13, 4425 

Holidays, gets 4501 

Illegal clause in contract of 

n. 32, 4501 

Immorality of n. 5, 4426 

Incompetent, may be re- 
fused license . . . . n. 19, 4425 
Infant may contract to teach 

n. 31, 4501 

Institute, must attend . . . 4520 

Pay for n. 2, 4520 

Insulting 4507 

Liability of Trustee to.n. 1, 2, 4441; 

n. 2, 10, 4501 ; n. 3, 4486 
license, must have 

4501 ; n. 1, 4501, 4460 
May make rules 

n. 20, 4501 ; n 5, 34, 4505 
May refuse to teach refrac- 
tory pupil n. 29, 4501 

Minor, may be ... n. 2, 3, 4501 

Moral character of ... . 4425 

Names not reported, when . 4428 

Old board emploving . n. 2, 4445 ; 

n. 7, 4444; n. 13, 4439; n. 3, 4501 

Patrons electing .... ,n. 2, 4444 

Pay, funds giving out . n. 3, 4501 

Execution to collect . n. 3, 4501 

Forfeiting . ... 4501 

Of graded school . . n. 15, 4444 

Private examinations of . 4427 

Protest of patrons - . - n. 4, 4501 

Qualifications of 4501 

, Kecord of employment . n. 3, 4501 

Keligious belief . . n. 2, 4493 

Kemedy to recover pay . n. 2, 4486 

Removal, practice . . . n. 4, 4426 
Report, must make, 

4449 ; n. 2, 4449 

Contents 4449 

Penalty 4449 

Private teacher . n. 1, 2, 4509 

When makes . . . . n. 1, 4449 



• T SECU 

Teacher, resignation of . . n. 8, 4444 
Rules, reasonableness of. n. 6, 4505 

Slander n. 46, 4501 

State certificate to . 44S 

Substitute teacher . n. 25, 4501 

Suit for wages . n. 9, 4439_; n. 3, 4501 
Trustee cannot employ him- 
self . . n. 5, 44M 
Not personally liable . n, 3, 448ft 
Want of funds to pay, no 

defense . . n. 2, 448S 

Who may employ ■ - . n. 2, 4445; 

n. 7, 4444; n. 3, 4501 ; n. 13, 4439 

Withholding wages . . n. 3, 444S 

Terms, length of school .... 4495 

Uniform, must be. 4494; n. 1, 4494 

Text-books, change of 443§ 

See books. 
Timber, sale of lands with . . - 434S 

Cutting 434@ 

Time, how reckoned 4495 

Month 4495 

School day, board may fix, 

n. 25, 4439 

Term 449,5 

Week 4495 

Year 4495 

Title, how taken to school prop- 
erty 450S 

Joint school 451lt 

Tax title, inferior to school 

mortgage lien.n. 3, 4380; n 5, 4395 
To school money . . n. 2, 44^ 

To school property, 

n. 9, 4488 ; n. 2, 4511 
When vests in State without 

deed . 439© 

Towns, corporation for schools, 

are . . 4438 ; n. 2, 4438 

Bonds for building, may sell 44^ 
County Superintendent con- 
trols n. 3, 4429 
Dog fund, division of, with, 

n. 3, 448715- 
Joint graded schools in 444S 

Not entitled to dog tax . n. 5, 4487a 
Pupils outside may attend . 4490 
School corporation is 4438 

Suits _ . . n. 1, 4438 

Superintendent in • . . - 4445 
Trustees, fined, when . - 4451 
Election of ... 443» 

Unincorporated, bequest to 

aid 4514 

Bonds for 4514 

Petition for ... . 4514 to 4516 

Sale of bonds _. . • 451® 

Townships, boundaries of - 4331 

Civil can not build school 

house n. 6, 443!?' 



INDEX. 



313 



T. 

SEC. ■ 

Township, contracts of • ■ 4437 

Corporation for school pur- 
poses n. 2, 4437; n. 9, 4438 
County line, dividing 4332 

Division of funds, with 

town n. 8, 4438 

Judicial notice of n. 10, 4437 

Must own or lease school 

premises . n. 43, 4444 

Name of - - 4437; n. 20, 21, 4437 
Pleadings must designate the 
corporation, civil or school, 

n. 7, 4437 
Power of . _ n. 16, 4437 

Presumption raised by use of 

name n. 6, 4437 

Process, how served upon, 

n. 22, 4437 
Suits ■ ■ 4437, 4438 

Traffic in questions, forbidden 4421a 
Transfers adjoining, when must 

be made n. 2, 4473 

Appeal from 4537 ; n. 1, 4473 

Auditor's duty _ • - n. 5, 4473 

Better accommodations . n. 3, 4473 
Constitutionality of law . n. 10, 4473 
County Superintendent, duty 

concerning • n. 5, 4473 

Dismissal of . . n. 17, 4473 

Enumeration of, 

n. 6, 4472; 4472, 4473 
From one county to another . 4474 
Notice of . - n. 5, 4473 

Payment for transfers . • 4474 
Privileges of persons trans- 
ferred - . n. 13, 4473 
Eecord of ... n. 6, 4473 
Kef as a 1 to receive person 

transferred n. 12, 4473 

Removals, liability for tax 

n. 7, 4473 ; n. 4, 4474 
Eeport of ... n. 2, 4471 

Ke-transfers ... n. 4, 11, 4473 
Eight of . . n. 1, 4473 

Taxing transferred persons, 

n. 2, 4470; n. 7, 21, 4473; 
n. 3, 4468 ; 4490 ; n. 5, 6, 7, 4490 
Bonds, liable for n. 5, 4490 
Tenants' property can not 

be taxed. n. 7, 4473 

A¥ife's property can not be 

taxed ... n. 7, 4478 

What amounts to - . n. 8, 4473 
When made ... . • n. 1, 4473 

Who may be . . ■ . 4473 

W^rong corporation receiv- 
ing tax . . . . n. 9, 4473 
Treasurer (city), bond in large 

city ■ . 4460 



T. 



SEC. 



Treasurer {city), election and 

bond . _. 4439 

Incoming Treasurer enti- 
tled to receive money only 
from his predecessor . n. 53, 4439 
Treasurer (coimiy), collects school 

tax ... 4468 

Pays tax to City Treasurer. 4461 
Eeport, makes of fund of . 4398 
Ee-sale of land . . 4347 

Sale of land, attends . . . 4345 
School money, receives, 

n. 2, 4388 
Treasurer (State), pays fund to 

county ^ ■ . 4484 

Treasurer (town), election and 

bond. 4439 

Truancy, exj^ulsion for n. 2, 4505 

Tuition, advancement by Trus- 
tee, reimbursement . n. 15, 4441 
Annual levy of . . . 4465 

Anticipating 4442 ; n. 1, 4470 

Application of . n. 2, 4442 

Apportionment of by Audi- 
tor of State 4484a 
According to enumera- 
tion ■ ■ 4432 
By County Superinten- 
dent . . 4434 
Auditor of State, draws war- 
rant for ... 4484a 
Books, used to pay for n. 11, 4444 
Constitutionality of levy 

for . . . n, 4, 4469 

Defined - - _ ■ 4325 

Diminished for failure to 

report ' 4431 

Expenditure of, within year 

4442, 4499 
Expense of collecting can 

not be deducted from 4325 

Fees can not be taken from 

4325 ; n. 3, 4469 
Formation of town, division 

of n. 2, 4508 

Levy of, who makes . n. 1, 2, 4469 
License money forms part 

of n. 10, 4325 

Local tax for 4469 

How levied . 4470 

Mandate to compel applica- 
tion of n. 2, 4441 
Mixing with other funds, n. 16, 4441 

Ownership of _n. 18, 4441 

Payment of, by non-resident 

n. 4, 4490 
Private school, can not be 

used for ... n. 4, 4509 

Eate of foreign ... n. 40, 4439 



314 



SCHOOL LAW OF INDIANA, 



Tuition — Con. sec. 

Eents deducted from . . . 4328 
Eeport of transfers for • ■ 4473 
Surplus special school fund 
can not be transferred to 

n. 4, 4467 
Town incorporated within 

Township n. 5, 4486 

Township ...... n. 5, 4486 



U. 



Uniformity of school terms, 

4494 ; n. 1, 4494 
Uniform system . . n. 10, 4467 

Unsafe investments . n. 1, 4400 

Use of school house for private 

purpose 4509, 4510 



V. 



Vacancy in office of County 

Superintendent . 4424 

City or town Trustee 4439, 4459 
Township Trustee n. 5, 4440, 4440b 
Vaccination, duty concerning, 

n. 4, 4429 
Power to compel . n. 5, 4429 

Vacation, holidays falling in, 

n. 41, 4501 
Visits, County Superintendent 

makes . • ■ 4429 

Director makes . . 4505 

State Superintendent makes . 4411 
Voters, defined, 

n. 4, 4501 ; n. 2, 4509, 4499 
Lessees n. 1, 4339 ; n. 1, 4729 

Meetings of • ■ 4499 

Petition by for removal of school 

house 4499 



V. 

SEC. 

Petition, to sell, school house 4499 

Plurality will control . n. 12, 4499 

Eepairs direct .... 4499, 4500 

Who are .... n. 1, 4498, 4499 ; 

n. 4, 4501 ; n. 2, 4509 



W. 



Wages, unlicensed persons may 

recover reasonable . n. 14, 4501 
Garnishment of n. 40, 4501 

Not affected by failure to 

send to School . . n. 22, 4501 
For attendance upon town- 
ship institute, paid out of 
special School fund . n. 4, 4520 
Warrant on Treasurer to borrow . 4383 
To counties by State Auditor 4484 
Warrants, record of 4442a 

Warranty of title by State . n. 3, 4383 
Waste, injunction to prevent on 

school lands n. 2, 4346 
Liability for, in case of for- 
feiture 4349 

Suit for 4350 

Week of school, what is ... . 4495 

Wife, signature to mortgage 

necessary . . n. 1, 4385 

Will, devise to township for 

schools ...... n. 4, 4437 

Witnesses, use of on appeal . n. 1, 4537 ; 

n. 1 4538 
Must be sworn . . . . n. 16, 4501 

Women eligible to school offices, 4540 

Bond of binding 4541 

Constitutionality of act, n. 1, 2, 4540 

Worship, reading Bible n. 3, 4493 



Year, school, when begins - - . 4499 



